Case Details

Citation(s)
2010 SLG 2362 2010 SLD 2362 2010 CLC 1921
Lahore High Court

HAFIZ ABDUL REHMAN ANSARI, J
Hakeem-ud-Din Qureshi for Petitioner. Aurangzeb Khan, A.A.G

GHULAM AHMAD-

VS

MEMBER BOARD OF REVENUE, PUNJAB, LAHORE and others

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction---Scope---Order of remand---Petitioner challenged the order passed by Member, Board of Revenue whereby case was remanded to Executive District Officer, Revenue---Validity---Constitutional jurisdiction of High Court could not be invoked to challenge the order of remand as the same was not a `final order'. Akbar Ali and 18 others v. Mukhtar Ahmad and 14 others 2007 CLC 768 and Jafar Hussain v. Member Judicial-IV, Board of Revenue, Punjab, Lahore and 3 others 2004 MLD 2024 ref. Mst. Kaniz Fatima and 3 others v. Member (Revenue), Board of Revenue Punjab Lahore and 5 others PLD 1973 Lah. 495; Ghulam Rasul and others v. Khuda Dad and others PLD 1986 Quetta 130 and Ramzan v. Rehabilitation Commissioner (Legal) Sargodha and others PLD 1963 Lah. 461 rel. Muhammad Ryas Khan v. Muhammad and others 1986 SCMR 251 fol. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Through this Constitutional petition petitioner Ghulam Ahmad son of Abdul Fattah seeks the setting aside of the order dated 13-9-2006, passed by the respondent No.1/Member (Judicial-IV), Board of Revenue, Punjab, Lahore, whereby he accepted the ROR filed by respondents Nos.2 to 7 against the order dated 6-2-2003 dismissing the revision petition by the EDOR filed by said respondents Nos.2 to 7 under section 164 of the Land Revenue Act, 1967, and remanded the case to the EDOR, Vehari. 2. Facts in brief leading to the filing of the instant writ petition are that Ghulam Ahmad, petitioner herein, moved an application before the Tehsildar/AC-f, Burewala for partition of joint holding to the extent of his share of land measuring 23 Kanals, 8-Marlas situated in Khewat No.7/8 Khatooni Nos.40 to 42 of Chak No.519/EB, Tehsil Burewala District Vehari. The Tehsildar/AC-I vide orders dated 7-12-2000 approved the mode of partition and vide orders dated 3-1-2004 confirmed the same. Subsequently, the Tehsildar/AC-1, Burewala vide order dated 18-1-2001 made three Wandas, i.e. Wanda No.1 for respondent No.1 and directed the Girdawar Halqa for preparation of "NAQSHA JEEM" in triplicate before 31-1-2001. (sic)…
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