| Citation(s) |
|---|
| 2008 SLG 534 2008 SLD 534 2008 PLD 352 |
Lahore High Court
Writ Petition No. 1472 of 2008, heard on 15th April, 2008
KAZIM ALI MALIK, J
Tahir Mahmood for Petitioners. Nemo for
Respondents
Writ Petition No. 1472 of 2008, heard on 15th April, 2008
KAZIM ALI MALIK, J
Tahir Mahmood for Petitioners. Nemo for
Respondents
TASADDUQ HUSSAIN SHAH and others
VS
MEMBER BOARD OF REVENUE and others
Law: Constitution of Pakistan, 1973
Section: 199
Law: Punjab Tenancy Act, (XVI of 1887)
Section: 105
Law: Land Acquisition Act, 1894
Section: 3(0)
Law: West Pakistan Land Revenue Act, (XVII of 1967)
Section: 7,11,13,(2)(3)(14)(1)(2)(4),17,16(2),16
(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.7---Revenue Officer----Categories---Girdawar of circle and District Coordination Officer do not fall within any of the categories of Revenue Officers. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss.11, 13 (2) (3), 14(1) (2)(4) & 17---Naib Tehsildar---Transfer and positing---Directive of Chief Minister---Scope---Chief Minister did not have powers to transfer any Naib Tehsildar from one station to another station nor he could authorize District Coordination Officer to post any Girdawar against any vacant post of Naib Tehsildar---Directive of Chief Minister and posting and transfer order of Qanugos and Naib Tehsildars by District Coordination Officer must be ignored being nullity in the eyes of law. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ---Ss. 7, 13(2), 14(1) & 16(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Revenue Officers---Superintendence, control and delegation of powers---Scope---Qanugos were posted as Naib Tehsildars by District Coordination Officer against vacant posts on stop gap arrangement---Validity---District Coordination Officers could not post Qanugos as Naib Tehsildars as stop gap arrangement by assuming role of Senior Member Board of Revenue---Conferment of powers upon Revenue Officers was the prerogative of Board of Revenue---District Coordination Officer could not delegate such power of Revenue Officer to Qanugos with which he himself was not equipped---Qanugos were not Revenue Officers in terms of the provisions of West Pakistan Land Revenue Act, 1967---Qanugos performed duties of Revenue/Officer/ Assistant Collector Grade-II for years under illegal orders of District Coordination Officer, giving rise to many legal and factual complications---High Court left such conduct of District Coordination Officer to the of Provincial Government under whose administrative control he had been placed---Order of appointment of Qanugos as Naib Tehsildar by District Coordination Officer was rightly declared null and void with no legal effect by Board of Revenue---Petition was dismissed in limine. Naveeda Tufail's case 2003 PLC (C.S.) 69…
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