| Citation(s) |
|---|
| 2001 SLG 1717 2001 SLD 1717 2001 CLC 207 |
Board of Revenue, Punjab
R.O.R. No.2538 of 1997, decision dated: 22-08-2000
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIAL1)
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R.O.R. No.2538 of 1997, decision dated: 22-08-2000
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIAL1)
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ZAHID ARFAN and others
VS
NAZIR MASIH
Law: West Pakistan Land Revenue Act, (XVII of 1967)
Section: 163
West Pakistan Land Revenue Act (XVII of 1967)-------S. 163---Power of review by District Collector---Scope---District Collector being custodian of record-of-rights in the District, had been empowered under West Pakistan Land Revenue Act, 1967, Land Administration Manual, Land Records Manual and the Instructions of the Board of Revenue, to order for correction of entries of Revenue Record and was bound to ensure that record was updated and maintained correctly--District Collector was authorised to sanction or accord permission for review of an order passed by predecessor of a Subordinate Revenue Officer---If an application pointing out defective entries of Revenue Record was submitted to District Collector and such application was marked by District Collector to Subordinate Revenue Officer for investigation and report, District Collector could not be viewed to have transgressed his power---When a report from Subordinate Revenue Officer, who was competent to review any order passed by his predecessor with permission of his superior officer, was received by District Collector on which he formulated view that Revenue Record was not correctly maintained and certain order of Subordinate Revenue Officer required review and he accorded permission for review of such order, District Collector had merely facilitated the fulfilment of conditionality imposed on Revenue Officer under S.163(2)(ii) of West Pakistan Land Revenue Act, 1967---Sanction to review under proviso to S.163(3)(a)(ii) of the Act not an order, as defined in 5.104, C.P.C. but was merely a permission accorded to a Subordinate Revenue Officer to subject the order of his predecessor to judicious scrutiny in presence of concerned 'parties---Concerned Revenue Officer, who had been allowed to review order, was not bound after hearing the parties to necessarily modify or reverse order, but previous order could be confirmed---Practice that except District Collector no other Revenue Officer including Board of Revenue entertained application for review of an order of a Subordinate Officer, could not be made a ground to infer that an application submitted to District Collector praying for grant of sanction to a…
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