Case Details

Citation(s)
2004 SLG 1973 2004 SLD 1973 2004 CLC 1644
Board of Revenue, Punjab
R.O.R. No.307 of 1997, deed on 17-07-2003.
SYED SHAUKAT ALI SHAH, MEMBER

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NOOR MUHAMMAD and OTHERS

VS

AHMAD BAKHSH and others

Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)----------Ss. 10 & 13---West Pakistan Land Revenue Act (XVII of 1967), S.164---Consolidation of holdings---Collector Consolidation misread record and only laid stress on minor technicalities whereas Assistant Collector Consolidation had thoroughly examined the record and based impugned order on Revenue Record produced by the staff- --Respondents were in possession of disputed land---Vital rights of parties could not be taken away on mere technicalities---Both Courts below had not passed specific orders on the issue of delay--Delay was condoned in view of the fact that limitation would run from the date of knowledge---In absence of any ground for interference, revision petition was dismissed by the Board of Revenue. Wazir Ahmad Khan Chandia for Petitioners. Liaqat Mumtaz Malaria for Respondents. ORDER This revision petition is directed against the order of the A.C. (Cons.) D.G. Khan dated 20-8-1996 whereby he accepted the revision petition of the present respondents Ahmed Bakhsh etc. and made certain amendments in the Wandas of the parties. Aggrieved by the said order, Noor Muhammad etc. have come up in the present revision petition. 2. Brief facts of the case are that the consolidation scheme of village Khan Baila, Tehsil and District Muzaffar Garb was confirmed by the C.O. on 29-3-1992. Ahmad Bakhsh, etc. present respondents preferred a belated appeal in the Court of Collector (Cons.) on 22-6-1993 which was time-barred by 1 year and 13 days. The Collector (Cons.) dismissed the appeal on 18-4-1995. 3. The case of the petitioner Ahmed Bakhsh, etc. in the Court of Collector (Cons.) was that their previously owned and possessed land comprising in Khasra No.29/4/2 mis-north, measuring 12-M, Killa No.5, 8-K, total 8-K, 12-M was given to Noor Muhammad etc. and their land comprising Khasra No.29/8/ 1, 5-K, 12-M, and 41 / 10/3 (3-K) total 8-K. 12-M was given to them in lieu thereof. The land given to them was of inferior quality whereas they had grown mango orchard on their previously owned and possession land. 4. Wali Muhammad scheme holder No.23 had gifted his total area to his sons vide Mutation…
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