1. ' This Constitutional petition assails the order dated 17.10.2006, passed by the learned Member (Judicial-III), Board of Revenue Punjab, Lahore, whereby the R.O.R No, 1096/1996 filed by the respondents was allowed in the following manner: "I have given my anxious thoughts to the problem. The carelessness of the Consolidation officials has created this complicated situation. The District Officer (Revenue) Multan is directed to get the Consolidation staff to fulfill the deficiency of land of the respondent from any alternate source. The land purchased by the petitioner through registered deed shall get the priority and their deficiency shall be made good by stricto senso implementing the registered sale-deeds referred, to above.
2. The revision is disposed of with these observations."
3. 2.The question involved in this case relates to the controversy as to whether the consolidation officials, after completing the consolidation, have the authority to interfere, alter or vary the consolidation.
4. 3.Learned counsel for the petitioners submits, that during the consolidation proceedings, the petitioner was given the land according to their entitlement and the petitioners are living there by constructing houses over there, therefore, the learned Member, Board of Revenue, has erred in law to involve the land of the petitioners without any lawful justification.
5. 2.Conversely, learned counsel for the respondents has vehemently opposed the contentions raised by learned counsel for the petitioners.
6. 3.Heard. Record perused.
7. 4.It appears from the findings questioned herein, that the learned Member, Board of Revenue, has not taken into consideration the scheme of the consolidation, its completion and as to whether the Revenue staff is authorized to interfere into the consolidation scheme which has already been finalized. In my view, without determining this question, no plausible or justified order can be passed.
8. 5.Although learned counsel for the respondents supported the findings rendered by the learned Member, Board of Revenue, but could not offer any satisfactory explanation to the legal controversy involved in this matter. Therefore, without further commenting upon the facts of the case, the matter is remanded to the learned Member, Board of Revenue, Lahore, to re-decide the same after providing fair opportunity to the parties and consulting the relevant record and law.
6. Resultant, this petition is allowed, the order dated 17.10.2006, passed by learned Member (Judicial-III), Board of Revenue Punjab, Lahore, is set aside and the case is remanded to re-decide the same after providing fair opportunity to the parties. The parties to the case shall appear before the learned Member, Board of Revenue, on 12.1.2015. No order as to cost.