Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)---Ss. 3 & 10---Law Reforms Ordinance (XII of 1972), S.3---Constitution of Pakistan (1973), Art.199---Constitutional petition before High Court---Intra-Court Appeal before High Court---Evacuee land purchased from non-muslim through registered sale-deed confirmed by Deputy Custodian and Custodian---Decree obtained by petitioners' predecessor in year 1948 on basis of such sale-deed---Incorporation of such sale in Jamabandi for year 1959-60---Petitioners seeking sanction of mutation of inheritance and incorporation of their names in Revenue Record on basis of mutation of sale and entries in such Jamabandi---Refusal of Consolidation Officer to sanction inheritance mutation during consolidation proceedings---Constitutional petition seeking direction to Consolidation Officer to correct entries in Revenue Record---Dismissal of constitutional petition and Intra-Court Appeal by Single Bench of High Court and Division Bench of High Court respectively---Validity---Evacuee land would continue its separate character and could not be mixed with non-evacuee land for purposes of consolidation---Consolidation Officer had acted illegally while refusing to incorporate entries in petitioners' name in column of ownership on the ground that during consolidation proceedings no new entry could be made in Revenue Record---Disputed land was not subject of consolidation scheme---Order of Revenue Officer was not immune from challenge during consolidation proceedings---Civil Court including High Court could exercise jurisdiction in respect of right of a person pending finalization of consolidation scheme---Right of appeal without confirmation of consolidation scheme would not accrue to aggrieved person under West Pakistan Consolidation of Holdings Ordinance, 1960---Constitutional petition and I.C.A. had been dismissed on wrong premises---Supreme Court set aside impugned s and remanded case to High Court for its decision afresh. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, has been directed against the judgment, dated 18-4-2005, passed by a…

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