Case Details

Citation(s)
2004 SLG 1159 2004 SLD 1159 2004 SCMR 1379
Supreme Court of Pakistan
Civil Petition No. 49-L of 2000, decision dated: 10-07-2002.(On appeal from the judgment, dated 21-10-1999 of the Lahore High Court, Lahore passed in Writ Petition No. 3793 of 1985)
MIAN MUHAMMAD AJMAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Malik Allah Yar Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for
Respondents

MUHAMMAD ANWAR and 7 others

VS

MEMBER (JUDICIAL) BOARD OF REVENUE, PUNJAB, LAHORE and 5 others

Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)---S.10---Constitution of. Pakistan (1973), Art. 185(3)---Consolidation scheme---Setting aside of review order passed by Board of Revenue on limited point for fresh order---Effect---High Court by setting aside such order had virtually set aside the revisional order of Board of Revenue as without setting aside the revisional order, the Board of Revenue could not exercise jurisdiction under any authority---High Court by remanding the case had reopened the revisional jurisdiction of the Board of Revenue, therefore, the Board would decide the revision petition afresh instead of limited point as directed by High Court---Leave to appeal was refused. JUDGMENT MIAN MUHAMMAD AJMAL, J.---The petitioners seek leave 2o appeal against the judgment, dated 21-10-1999 of the Lahore High Court, Lahore, whereby Writ Petition No. 3793 of 1985, of the respondents was allowed. 2. Resume of the case is that consolidation of village Gandhowala Tehsil Ferozewala District Sheikhupura was confirmed by the Consolidation: Officer. Ferozewala vide his order, dated 30-6-1980 under section 10(3) of the Consolidation of Holding Ordinance, 1960. Respondents Nos. 4 to 8 filed an appeal before the Collector District, Sheikhupura which was accepted vide his order, dated 14-2-1983 and land comprising Killa Nos.21 and 22 of Square No. 22 was restored in their favour. Feeling aggrieved, by the said order the petitioners filed appeal which was dismissed by the Additional Commissioner vide his order, dated 4-6-1983 observing that the appellants therein should have filed appeal before the Collector of Consolidation, as such, the petitioners filed appeal before the Collector, who recommended action in suo motu jurisdiction by the Additional Commissioner, whereafter the Additional Commissioner dismissed the appeal being incompetent and un maintainable vide his order, dated 22-7-1984. 3. The petitioners called in question the validity of the above orders by filing a revision petition which was dismissed by the Member Board of Revenue vide his order, dated 23-1-1985 against which review was sought through a review petition which was allowed by…
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