' AZMATULLAH MALIK, J.--- Through the instant petition the petitioners seek the declaration of order dated 24-4-2008 passed by Senior Member Board of Revenue, N.-W.F.P. To be illegal without lawful authority and of no legal.
2. Precise facts of the case are that Ghulam Rasool petitioner submitted an application to the Revenue Officer, Tangi for partition of the disputed property pertaining to different Khatas. The respondent remained absent in spite of proclamation published in, daily "Mashriq". Therefore ex parte proceedings were initiated against them which was latter on set aside by the Revenue Officer, Tangi on payment of cost of Rs.1,000 and also rejected Naqsha (A, B and J) vide his order dated 20-4-2005. The petitioner approached the District Collector, Charsadda who on acceptance of the appeal, restored the partition proceedings vide order dated 20-7-2005. The present respondent challenged that order before the Presiding Officer Revenue, Appellate Court-I, Peshawar who while dismissing the review petition of the petitioner ordered that Khata No. 109 is not to be disturbed vide his order dated 7-3-2006. Dissatisfied with the said order, the petitioner filed Revision Petition in the Court of Senior Member Board of Revenue which was accepted vide order dated 10-11-2007. Whereafter on 27-11-2007 present respondent Shehryar Khan filed a review petition under section 163 of Land Revenue Act, 1967 for reviewing and reversing the judgment passed vide order dated 10-11-2007. The Review Petition was accepted vide order dated 24-4-2008 and the Revision Petition filed by the Ghulam Rasool was dismissed and the matter was remanded back to the Revenue Officer, Tangi with the direction to proceed into the matter in a mode of partition already prepared on 2-2-2005.
3. Learned counsel for petitioner mainly argued that review before the Senior Member Board of Revenue, N.-W.F.P. Under section 163 of the West Pakistan Land Revenue Act was not competent as no such powers have been extended to the Senior Member Board of Revenue under this section which reads as under:- ' Review.---(1) A Commissioner Collector or an Assistant Collector, may, at any time, on his own motion, review any order passed by himself or any of his predecessors-in-office, and on so reviewing modify, reverse or confirm the same.
4. The aforesaid provision clearly bars the power of review to the SMBR. The learned counsel for the petitioner however argued that by virtue of section 8 of the West Pakistan Board of Revenue Act, 1957 power of review have been extended to the Board, therefore powers of review, if any, were only available to the Board under this law. After arguing the matter at some length the learned counsel appearing on behalf of respondent also agreed to the proposition advanced by the counsel for the petitioner after which both agreed, and requested that let the matter be sent back to the Board of Revenue for deciding the petition a fresh according to section 8 of West Pakistan Board of Revenue Act, 1957.
5. We therefore while setting aside' the impugned order dated 24-4-2008 remand the case back to the Board of Revenue with the direction to decide the review petition according to section 8 of West Pakistan Board of Revenue Act, 1957 afresh, after affording opportunity to both the parties. With these observations the writ petition is disposed of.