MAULVI ANWARUL HAQ, J.--- This judgment shall decide W.P. No 9258/01 and W.P. No, 431/03 as both the writ petitions proceed against the same impugned order passed by a Senior Member, Federal Land Commission, Islamabad.
2. The facts of the case as gleaned from an examination of the writ petitions and the written statements filed by the private respondents are that upon the promulgation of MLR 115, Abdul Qayyum Khan-Respondent No. 5 filed a declaration. Proceedings were conducted by the Deputy Land Commissioner for the determination of the holdings. Vide order dated 14-11-1972 the holding was determined as equal to 11563 PlUs. Being less than the ceiling of 12000 PlUs, no land was resumed. The matter came up for scrutiny before the Inspection Team which resulted in issuance of a suo motu notice in revision by a learned Senior Member, Federal Land Commission who found the determination to be correct vide order dated 7-121978 and re-called the notice.
3. Upon promulgation of the Land Reforms Act, 1977, the matter was again scrutinized by the Chairman, Federal Land Commission, camp at Lahore, and the holding at that time was found to be within the ceiling of 8000 PlUs fixed in the said Act. 'The matter was decided accordingly on 3-6- 1998. Qn 27-8-1998 the petitioners in this writ petition claiming themselves to be tenants filed an application for the review of the said original order of the Deputy Land Commissioner, Multan, dated 1411-1972. The review was sanctioned and the said order dated 14-11-1972 was reviewed vide order dated 5-7-2000 of the Deputy Land Commissioner. This order was upheld in appeal by the Land Commissioner, Multan Division, on 31-7-2000 and then by the Chief Land Commissioner. Vide order dated 14-3-2001. All these orders were challenged by the private respondents before the Federal Land Commission who set aside the said orders and restored earlier order dated 14-11-1972 of the Deputy Land Commissioner vide order dated 16-8-2001.
4. Against the said impugned order, the petitioners have filed W.P. No. 958/2001 while the Provincial Government has filed W.P..No. 431/2003.
5 Learned counsel for the petitioners contends that the DLC had the jurisdiction to review the order under Rule 12 of the Punjab. Land Reforms Rules. 1972 and the learned Senior Member has acted without 'lawful authority while passing the impugned order. The learned AAG contends that it was a case of clerical error and was rightly up-held by the Chief` Land Commissioner. Learned counsel for the private respondents contends that the power to review with reference to clerical or arithmetical mistakes stood withdrawn w.e.f. 30-4-1975 as per proviso added to sub-rule (3) of Rule 12. Further contention is that the matters stood finalized and no land was resumed before 'the cut out date i.e. 22-3-1990 specified in the judgment in the case of Qazalbash Waqf and others v. Chief Land Commisioner, Punjab. Lahore and others (PLD 1990 SC 99) whereby the relevant provisions of MLR 115 and the Land Reforms Act, 1977, were declared to be repugnant to the Injunction of Islam. The precise contention is that no decisive steps having been taken before the said date, even if power of review was to be held in existence, the order passed by the DLC reviewing the earlier order and proceedings to resume the land were without lawful authority. He also challenges the locus standi of the petitioners/tenants to file this writ petition.
6. We have gone through the file of both these cases , with the assistance of the learned counsel for the private parties as also the learned AAG. We have already stated in some detail the admitted facts of these cases above . So far as the locus standi of the present petitioners is 'concerned, we do find that the Chief Land Commissioner did hold that they have no locus standi but upheld the order of DLC on the ground that it is tantamount to correct a clerical or an arithmetical error. Be that as it may, the objection loses relevance as the Provincial Government has also challenged the impugned order.
7. It is a matter of record that till 23-3-1990, no decisive steps were taken in the matter and no land was resumed. Needless to state that no occasion arose for the self-executory provisions of MLR 115 or the Land Reforms Act, 1977. To come into play. In fact, the review application itself was filed almost 10 years after the said cut-out date laid down in the said judgment in the case of Qazalbash Waqf and others. We, therefore, do find that the . Orders impugned before the learned Senior Member, Federal Land Commissioner, were wholly without jurisdiction. The Chief Land Commissioner did observe that the petitioners have no locus standi to file the said application. He proceeded to support. And upheld the impugned order of DLC with reference to sub-rule (3) of Rule 12 of the Punjab Land Reforms Rules. 1972, but the completely failed to take note of the proviso added to the same sub- rule (3) providing that the power of review under the said sub-rule shall come to an end on 30-4- 1975. He, therefore, relied upon a provisions which had ceased to be effective more than 25 years before passing of the order by him on 14-3-2001.
8. For all that has been discussed above, both the writ petition are dismissed. However, no orders as to costs . - . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.