Case Details

Citation(s)
2007 SLG 3163 2007 SLD 3163 2007 PLJ 824
Lahore High Court
W.P. No. 9079 of 2006, decided on 26.4.2007
MUHAMMAD MUZAMMAL KHAN, J.
Mr. Fakhar-uz-Zaman Tarar, Advocate for Petitioner. Ms. Sumera Afzal, Advocate for Original Counsel for
Respondents. Mr. Mohsin Raza Gondal, Advocate

SHANA and 4 others

VS

MEMBER BOARD OF REVENUE PUNJAB, LAHORE and 12 others--Respondents

Law:

Section:

West Pakistan Land Revenue Act, 1967 (XVII of 1967)-- ----Ss. 135 & 161--Constitution of Pakistan, 1973--Art. 199--Jurisdiction Application praying partition of joint land--Partition was approved as proposed by the parties--Appeal was dismissed--Another appeal was filed, and concealed the fact of dismissal of earlier appeal, which was dismissed--Revision Petition also dismissed by D.O.R.--Assailed--Provisions--Held: Collector E.D.O.(R) could examine the legality or order passed by Tehsildar only once and subsequent appeal filed before D.O.R. through concealment of earlier decision was not competent. [P. 826] A West Pakistan Land Revenue Act, 1967 (XVII of 1967)-- ----S. 162--Constitution of Pakistan, 1973--Art. 199--Lapse of two years and three months--Limitation of 30 days--Barred by--Jurisdiction--Petitioners in subsequent appeal before D.O.R. had challenged the order by filing the appeal after lapse of about two years and three months which was barred by limitation of 30 days provided by S. 162 of Land Revenue Act, 1967--Whereby petitioner's appeal was dismissed by Distt. Collector was not further challenged and had finality hence the Court working in revenue hierarchy correctly declined interference without committing any error of law and facts--Held: No case for interference in Constitutional jurisdiction of High Court was made out--Petition was dismissed. [P. 826] B Order Instant constitutional petition assailed the orders dated 14.12.1999, 4.1.2003, 12.8.2003, 6.4.2006 and 6.7.2006 passed by Respondents No. 1 to 4, to be declared illegal, void and of no legal consequence, whereby joint holding was partitioned and the same was maintained by the officials/Courts in revenue hierarchy. 2. Precisely, relevant facts are that Respondents No. 5 to 7 filed an application under Section 135 of the Land Revenue Act, 1967 praying partition of joint land measuring 262 kanals 2 Marlas situated in revenue estate of village Jia District Mandi Baha-ud-Din, duly detailed in the application before Tehsildar/Assistant Collector Grade-I. Petitioners being respondents in the application seeking partition consented to the partition and the said Court approved mode ofโ€ฆ
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