Case Details

Citation(s)
2004 SLG 952 2004 SLD 952 2004 SCMR 587
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1772-L of 1999, decision dated: 29-04-2003.(On appeal from the judgment dated 24-8-1999 passed by the Lahore High Court, Lahore, in Writ Petition No.7121 of 1991)
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Raja Dilshad A. Khan, Advocate Supreme Court with C.M. Latif, Advocate-on-Record for Petitioners. Nemo for
Respondents

GHULAM RASOOL and others

VS

MEMBER (CONSOLIDATION), BOARD OF REVENUE and others

Law:

Section:

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)----S. 10---Consolidation of holdings---Collector after remand passed on the case to Kanungo---Validity---Collector could not pass on the case to Kanungo, who had no authority to record compromise between the parties. (b) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)---- ----S. 13---Revision before Board of Revenue---Limitation---Question of limitation not material under S.13 of West Pakistan Consolidation of Holdings Ordinance, 1960---Board can competently call for record from subordinate agency notwithstanding time-barred nature of order of Commissioner. (c) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)---- ----S.10---Constitution of Pakistan (1973), Art.199---Consolidation of holdings---Allocation and demarcation of land have to be left with Consolidation, Officer---High Court in exercise of Art. 199 of the Constitution should not reappraise such factual controversies, but should concern itself with, legality of orders and - not its propriety. (d) Constitution of Pakistan (1973)---- ----Arts. 185(3) & 199---Constitutional petition---Discretion exercised or conclusion reached by High Court was neither arbitrary nor unsound--¬Supreme Court refused leave to appeal. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This petition is directed against a judgment dated 24-8-1999 of the Lahore High Court through which two writ petitions i.e. one bearing Writ Petition No.9035 of 1990 and the other bearing Writ Petition No.7121 of 1999 were dismissed with costs. 2. The dispute relates to the consolidation of holdings of the parties which emanated from a consolidation scheme confirmed on 28-12-1981. Having been through various competent authorities under the Consolidation of. Holdings Ordinance, 1960, the parties finally reached the Board of Revenue which passed an order dated 30-6-1990 which order was then impugned before the Lahore High Court which resulted in the judgment now being questioned before us. 3. The reasons which had weighed with the Honourable High Court to dismiss the petitions are reproduced hereunder for ready reference:-- "5. Each and every aspect of the case has…
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