Law: Land Reforms Regulation, 1972

Section: 7,7(1)(b),8

Law: Constitution of Pakistan, 1973

Section: 199

Law: Land Reforms Act, 1977

Section: 2(1),27,28

(a) Land Reforms Regulation 1972 (M.L.R.115)-------Paras. 7 & 8---Land Reforms Act (II of 1977), Ss.2(1), 27 & 28-- Proprieties, verification of---Powers of Federal Land Commission---Opening of matter after 11 years---Validity---Federal Land Commission, or the Inspection Team, or the Provincial Land Commission, in exercise of powers under the Land Reforms Act, 1977, could go into the proprieties of the orders of the Commission, including the decisions taken under Land Reforms Regulation, 1972---Land Commissioner had wrongly observed that at belated stage after 11 years the matter could not be reopened---Such stand of the Land Commissioner was refuted by the provisions of the Land Reforms Act, 1977, itself and such conclusion drawn by the Land Commissioner was nullity in law.(b) Practice and procedure----- Doing of a thing---Principle---Thing required to be done in a particular manner must be done in that particular manner or not at all and doing something which is in conflict with that would be not only unlawful but mala fide, thereby rendering same as without jurisdiction.(c) Land Reforms Regulation, 1972 (M.L.R.115)-------para. 7(1)(b)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Calculating holdings of declarant---Mutation by declarant in favour of legal heir---Setting aside of such mutation---Petitioner was son of the declarant and the disputed land was transferred in his favour---Land Commissioner declared the mutation as invalid for not fulfilling the conditions of para.7(1)(b) of Land Reforms Regulation, 1972, and the land so mutated in the name of the petitioner was included in the holdings of the declarant---Validity---Once a transaction was made in favour of legal heir by a declarant within the stipulated period, under the second proviso to para.7(1)(b) of the Land Reforms Regulation, 1972, it was not open to any scrutiny and such transaction was fully safeguarded by the law itself---Land Commissioner had wrongly found the transaction/alienation in favour of the petitioner, as void on the ground that it did not fulfil the requirements of para.7(1)(b) of Land Reforms Regulation, 1972---Order passed by the Land…