The dispute inter se the private parties pertains to consolidation of holdings of village Kamman, tehsil Renala Khurd, district Okara, which is lingering on since 1977 when for the first time the Scheme was confirmed by the Consolidation Officer, however , last time on 12.12.1988, this Court while deciding W.P. No. 5240/1986 remanded the matter with specific direction. Thereaf ter, though the Scheme was reconfirmed by the Collector (Consolidation) on 29.04.1993, which being agitated by private respondents through appeal was modified by Addl. Commissioner (Consolidation), yet the said appeal was again remanded by the Member , BoR. The Addl. Commissioner , this time, vide ex parte order dated 30.01.2014 allowed appeal of, aforenoted respondents, compelling the petitioners to file RoR No. 967/2014 before the learned Member , BoR while asserting grounds "a to m". The learned Member dismissed it while concurring ex-parte order of his subordinate vide order dated 19.05.2015 in the following manner: This Court carefully considered the argum ents advanced by counsels for the parties and went through record of the case available in the file along with the impugned orders. On examination of the record, it has been revealed that the controversy involved in this case hinges around the confirmation of consolidation scheme, The web of consolidation is woven by hectic efforts and taking pains. However , during the consolidation operation, land of the respondents was scattered into pieces which is not the spirit of law on the subject. The perusal of record indicates that no deficiency whatsoever has taken place in the entitlement of parties as it is not claimed by them. The petitioners failed to produce any convincin g documentary evidence to substantiate that in what manners their rights have been prejudiced. Therefore, the order assailed through the instant revision petition dated 30.01.2014 is quite legal and lawful which calls for no interfer ence by this Court. Thus, the revision petition is dismissed in limine being devoid of force and merit."
2. Having a glance over it, there left no doubt in mind that the decision was made without considering the wroth, potential and compactness of the land/block of the wandas modified by Addl. Commissioner . There is no doubt that BoR is controlling authority and it being the highest forum on revenue/colony/consolidation side in the provinces has been conferred vast powers respecting every order passed by the subordinat es working under its command, thus bound to decide the hs in exhaustive manner especially in the cases where jurisdiction of the plenary Court is specifically barred. In the case in hand, no positive effort was made by any of the consolidation authority including the BoR to decide the /is as per norms of justice despite that earlier this Court remanded the matter . A miserable file containing jumble of papers including reports regarding classification of land, aks shajras showing location of site and report/proposals for the carving of wandas maintained, but nothing was considered either by the Addl.
Commissioner or learned Member , rendering their impugned orders unjust and to make such factual drill work, definitely this Court is not proper forum.
3. The anomaly noted above when faced to Mian Noor Hasasan Kamyana, Advocate for the beneficiaries of the impugned orders, though he tried his best to persuade that nothing wrong was found therein, but in reality he failed to show the plausible reasoning to maintain those verdicts. It is not expected from a Court/T ribunal/ Authority while performing judicial affairs to pass an order in novel or unprecedented manner , rather is bound to take pain and put labour in consulting the record, repelling or capitulating the grounds urged or argued by the parties or their respective authorized agent/counsel, but sorry to say that no such ef fort made by the two authorities below .
4. This Court is left with no other choice except to remand this matter to Board of Revenue with direction to re- decide it exhaustively after consulting original record/file and extending right of audience to all the concerned, obviously while keeping in mind the import as well as object of consolidation laws duly enlightened by the apex Court in judgments reported as Shamir Khan vs. Member , (Cons.) Board of Revenue and 8 others (PLD 1992 SC 333), Muhammad Bashir and 2 others vs. Mst. Roshi and 12 others (1995 SCMR 51), Hasil and another vs. Karam Hussain Shah and others (1995 SCMR 1385 ) and Khan Muhammad and others vs. Member (Consolidation) Board of Revenue, Punjab and others (1997 SCMR 410). The parties to appear before Senior Member , Board of Revenue on 12.10.2020 for further proceedings. Disposed of.