| Citation(s) |
|---|
| 2005 SLG 1235 2005 SLD 1235 2005 CLC 753 |
Sindh High Court
Constitutional Petitions Nos.D-265, 266, 365, 366 and 367 of 2004, heard on 23rd December, 2004.
SARMAD, JALAL OSMANY AND AMIR HANI MUSLIM, JJ
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Constitutional Petitions Nos.D-265, 266, 365, 366 and 367 of 2004, heard on 23rd December, 2004.
SARMAD, JALAL OSMANY AND AMIR HANI MUSLIM, JJ
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MUHAMMAD YOUSAF MEMON through Attorney and anothers
VS
CITY DISTRICT GOVERNMENT through District Coordinate Officer and 5 others
Law:
Section:
(a) West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 39 & 42---Constitution of Pakistan (1973), Art.199---Constitutional petition---Revenue record---Tampering with entries---Examination of revenue record by High Court---Petitioners assailed entries in Village Form VII made in their favour by Revenue authorities---Contention of the petitioners was that the land in question was allotted/leased out to their predecessors-in-interest which were later on transferred in their favour---High Court called for record and examined the same itself---Entries kept by the concerned Mukhtiarkar in favour of the petitioners were in violation of Revenue Laws---Entries in favour of the petitioners were kept without looking into the corresponding entries available in the record, by which the leases in favour of the predecessors-in-interest of the petitioners were already cancelled with red ink pursuant to the orders of the then Deputy Commissioner---Cancellation note against the original entries was made by the concerned officer against such entries and in spite of such note at seven different places of the corresponding entries in the Village Form VII, the concerned Mukhtiarkar had kept fresh entries in favour of the petitioners---Word "Rad" ( ) used in the cancellation note was tampered with by substituting the word "Bahal" ( ) with different pen---Effect---High Court having observed the tampering with record, directed Anti-Corruption Department to initiate criminal proceedings against the concerned Mukhtiarkar and Tapedar of the beat by lodging F.I.R.---High Court further directed the Board of Revenue or any other authority to immediately initiate disciplinary action against the concerned Mukhtiarkar and Tapedar---High Court declined to interfere with the entries and left the matter open for the petitioners to avail remedy, if any, under the Revenue Laws---Petition was dismissed in circumstances. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 39 & 42---Revenue record---Tampering with entries---Land-grabbers, measures against---Remedial directions to Board of Revenue---High Court after examination of revenue record concluded that the entries…
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