Case Details

Citation(s)
2005 SLG 1900 2005 SLD 1900 2005 PLD 8
Lahore High Court
Writ-Petition No. 12524 of 2004, decided on 10th October, 2005
SYED ZAHID HUSSAIN, J
Syed Zafar Ali for Petitioners. Ch. Muhammad Hussain for
Respondents. Ch. Aamir Rehman, Addl. A.G., Punjab

MUHAMMAD ISMAIL and 2 others

VS

PROVINCE OF PUNJAB through Secretary, Colonies, Lahore and 24 others

Law:

Section:

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--------Ss. 11, 12 & 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Annulment of consolidation scheme---Scope of section 13 of West Pakistan Consolidation of Holdings Ordinance, 1960---Power of Board of Revenue---Extent---Consolidation scheme confirmed by the Consolidation Officer was subsequently annulled by the Additional Commissioner finding illegalities and irregularities in the same---Revision petition filed against the orders of the Additional Commissioner by the petitioners was not allowed by the Board of Revenue---Contention of the petitioners was that once the scheme was finalized the parties were left to follow the legal remedies provided by law and the scheme could not be annulled by the Authorities including the Board of Revenue---Validity---Scheme was prepared by the Consolidation Officer under S.10 of the West Pakistan Consolidation of Holdings Ordinance, 1960---Scheme when confirmed was open to challenge by an aggrieved person through appeal under S.11 of the said Ordinance---Board of Revenue, according to S.13 of the Ordinance, had the power to call for the record of any proceedings under the Ordinance, at any time, whether the matter was pending or had been disposed of by the Consolidation Officer and the former could pass an appropriate order in this regard---When irregularities and illegalities go to the very root of the matter, the Board of Revenue could direct fresh consolidation---Board of Revenue was to supervise that the process of consolidation was undertaken in accordance with law without affecting the rights of the landowners---Mere filing of appeal by some aggrieved persons in the hierarchy would not denude the Board of Revenue of its powers vested under S.13 of the Ordinance, as it happened to be at the apex of that hierarchy and charged with the supervisory duty under the law---Order passed by the Board of Revenue on the strength of provisions of S.13 of the Ordinance was lawful---Constitutional petition was dismissed in circumstances. Abdul Majid Khan and others v. Member Board of Revenue (Consolidation) and others 1986 MLD 782; Kala…
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