Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)---------Ss. 42, 161 & 164---West Pakistan Land Revenue Rules, 1968, R.6-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Mutation of inheritance---Remand---Factual enquiry---Revenue Officer had sanctioned mutation of inheritance of deceased woman giving share to her sole daughter and residuaries---Daughter had challenged such mutation on the ground that deceased belonged to "Shia" sect and she was entitled to whole property and that she was not heard in mutation proceedings as it required tactual enquiry---Collector had accepted her appeal and had remanded the case for decision after proper enquiry--­Such order was reversed in appeal by the Commissioner whose order was reversed by Member Board of Revenue and remanded the case to the Assistant Collector for decision after enquiry---Validity---Contention that under rule 6-A of the West Pakistan Board of Revenue Rules, 1968 case could not be remanded by the Assistant Commissioner concerned fell to the ground as all the orders passed by Assistant Commissioner and Additional Commissioner had merged in the orders of the Member Board of Revenue who admittedly was empowered to remand the case to Revenue Officer---No illegality, perversity or arbitrariness was found in the findings---No one should be condemned unheard---No prejudice was caused---Petition was dismissed in circumstances. Mian Arshad Latif for Petitioner. Malik Hafeez Ahmad for Respondent No.3. ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, the petitioner has challenged the order, dated 11-12-2002 passed by learned Member Board of Revenue through which he has accepted the revision petition filed by respondent No.3 and has remanded the appeal filed by respondent No.3 to Revenue Officer for fresh decision on merits. 2. The brief facts of the case are that Mst. Karam Mai mother of respondent No.3 died on 15-6-1994 and Mst. Amiran Elahi respondent No.3 was her sole legal heir while the petitioner was residuary. Through Mutation N0.172 sanctioned on 24-10-1995 half of the land was mutated in favour of the petitioner and respondents…

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