| Citation(s) |
|---|
| 2008 SLG 532 2008 SLD 532 2008 PLD 364 |
Lahore High Court
Writ Petition No. 4006 of 2008, decided on 21st April, 2008
ZAFAR IQBAL CHAUDHRY, J
Ch. Nazar Hussain for Petitioner
Writ Petition No. 4006 of 2008, decided on 21st April, 2008
ZAFAR IQBAL CHAUDHRY, J
Ch. Nazar Hussain for Petitioner
KHURSHID AHMAD
VS
MEMBER (JUDICIALIV), BOARD OF REVENUE PUNJAB, Lahore and 4 others
Law: Constitution of Pakistan, 1973
Section: 199
Law: West Pakistan Board of Revenue Act, (XI of 1957)
Section: 8
Colonization of Government Lands (Punjab) Act (IV of 1912)--- ----S. 10---West Pakistan Board of Revenue Act (XI of 1957), S.8---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Review petition---Maintainability---Proprietary rights, grant of---Scope---Revenue Courts clearly thrashed out the issues and came to conclusion that even Deputy Commissioner's order on which petitioner relied upon had been set aside---Petitioner was refused proprietary rights by Deputy Commissioner and appeal was also dismissed---Revision and review filed by petitioner before Board of Revenue were also dismissed---Validity---Review petition under S.8 of West Pakistan Board of Revenue Act, 1957, was only competent if any new and important matter or evidence was brought on record, which, despite exercise of due diligence, was earlier not within the knowledge of party at the time of passing of order or in case of any error or n is take apparent on the face of record---Petitioner failed to point out any illegality or jurisdictional defect in the orders passed by Revenue Authorities and he failed to establish his case by any iota of evidence---Mere oral' assertions could not be made basis for interference in constitutional jurisdiction---High Court declined to interfere in the order passed by the authorities---Petition was dismissed in limine. ORDER ZAFAR IQBAL CHAUDHRY, J.---Through this petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, Khurshid Ahmed petitioner has challenged the orders dated 8-12-2004 and 17 12-2007, passed by Member (Judicial-IV), Board of Revenue Punjab, Lahore. 2. The brief facts of the case are that Muhammad Bakhsh son of Jhanda (father of Khurshid Ahmad, petitioner) submitted an application to the Assistant Commissioner/Collector, Toba Tek Singh that the State land comprising Killa Nos. 5 to 7, 8 min, 13 min, 14 to 16 measuring 61-Kanals, 6 Marlas situated in Chak No. 308/GB was under his cultivating possession and that he may be allowed to acquire the proprietary rights of the said land. The Assistant Commissioner /Collector/S.D.O. Toba Tek Singh vide order dated 28-12-1965 rejected the said application on the…
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