Law:

Section:

Constitution of Pakistan, 1973- ----Arts. 189 & 190--Constitutional petition--Large tract of land--Partition of--Civil litigation concluded with the of the Supreme Court incorporating the consensual arrangement between the parties--Statutory functionaries in view of Arts. 189 & 190 of the Constitution of Pakistan are obliged to be bound by of Supreme Court which is to be kept in view and the mode of partition should be inconformity with the same--No deviation whatsoever can be made by anyone--Statutory functionaries the official respondents while carrying out their statutory functions will act strictly in accordance with the of the Supreme Court and implement the same faithfully--Petitin disposed of accordingly. Judgment Order passed by the learned Member Board of Revenue dated 9.6.2004 is sought to be assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan. 1973. It arises in the circumstances that; Village Bhambool situated in Tehsil Noorpur District Khushab has a large tract of Shamlat land. Civil litigation concerning the same had reached the Hon'ble Supreme Court of Pakistan (C.A. No. 204/78) which concluded with the judgment of the apex Court dated 23.10.1990, incorporating the consensual arrangement between the parties. The matter was then taken up by the Consolidation Officer who prepared a scheme dated 8.4.1991, suggesting a mode of partition. Aggrieved of the same (in particular paragraph No. 16 thereof) an appeal was preferred which was accepted by the Additional Commissioner (Consolidation). Sargodha Division Sargodha on 28.8.1995 with the direction to the Consolidation Officer Khushab "to amend the mode of partition in accordance with the orders passed by the Honourable Supreme Court of Pakistan----". This order became subject matter of revision petition before the Board of Revenue, which petition was accepted by the learned Member (Judicial-l), Board of Revenue Punjab, Lahore on 9.6.2004 who also while setting aside the order of the Additional Commissioner (Consolidation) was of the view that the mode of partition should be amended. The learned counsel for the parties have been heard who have no…

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