WIQAR AHMAD, J:-.Through instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, petitioners have prayed for following relief: "on acceptance of this writ petition, the respondents may very kindly be restrained from the impugned proceedings of computerization of the revenue record of Moza Tehkal Bala No.1, Peshawar by Services Delivery Center (SDC-1), Peshawar in the computer record till the preparation of final handwritten/manual jamabandi in which all theowners & their entitlement of ownership & possession be incorporated in the revenue record available with the petitioners in the shape of mutations/ register deeds which is duly mentioned through red ink in the prevailing Jamabandi for the year 2006-07 so that the entire revenue record be updated & thereafter the same be brought on the computer record to avoid any doubt entry & no entry shall be left from the computer record & the respondents shall not refuse the above mentioned rights of the petitioners & their refusal to this extent may very kindly be declared illegal, unlawful, against the law & facts & liable to be struck down."
2. According to contents of instant writ petition, petitioners claim to have inherited ownership of certain immovable property situated in Mouza Tehkal Bala No.1, District Peshawar, upon the demise of their respective predecessors-in-interest. It has been asserted in petition that the last revenue record in the form of a Fard Jamabandi for said Mouza was prepared during the revenue year 2006-07, and that no subsequent Jamabandi has been compiled or issued since then. The petitioners further aver that, despite lapse of considerable time, changes in ownership and title arising from sale, inheritance, or other lawful transactions have not been duly reflected in the revenue records. They claim that numerous transactions involving transfer of ownership and cultivation rights have taken place between them and other co-sharers in the property. These transactions, they contend, were required to be incorporated into the manual record prior to the commencement of computerization of the land revenue system. However, these vital changes were allegedly omitted or ignored. It has also been contended that during the process of digitalization of revenue records, entries are being fed into the computerized system primarily from the Perth-e-Sarkar. However, in many cases, material mutations were either found to be missing or were allegedly tampered with, fraudulently removed, or misplaced. This, according to the petitioners, has given rise to multiple litigations before the civil courts, leading to unnecessary hardships and legal uncertainty. Apprehending similar issues in the ongoing computerization process, the petitioners have approached this Court by filing the present writ petition. Their primary prayer is that, before any further steps are taken towards digitalization, the respondents may be directed to first prepare an updated and accurate manual Fard Jamabandi, incorporating all valid and lawful transactions to date, and only thereafter proceed with computerization of the record.
3. In response, the official respondents have submitted their parawise comments. It has been stated therein that the Board of Revenue has established three Service Delivery Centres (SDCs) in District Peshawar for the express purpose of updating, amending, and digitizing land records.
These centres are also tasked with providing digitized land ownership documents to the general public in a transparent and efficient manner. It is further submitted that both Perth-e-Sarkar and Perth-e-Patwar have been jointly scrutinized in the presence of the relevant Patwari, with the objective of removing discrepancies and ambiguities. The respondents maintain that all revenue entries are subject to a verification process prior to being uploaded into the computerized system, with a view to ensuring accuracy, safeguarding public rights, and preventing future litigation.
4. Arguments heard and record perused.
5. Director Land Record of the Provincial Government appeared in response to our last order dated 07.04.2025 and contended that process of Computerization of land record has been completed in the Districts of Mardan, Buner, Kohat, Tank, Shangla, Hangu, Abbottabad, Swabi, all 100% while in District Peshawar same task has been carried to the extent of 99%, in District Swat to the extent of 90%, in District Lakki Marwat to the extent of 86%, in District Nowshera 86%, in District Hari Pur 85%, in District Bannu 85%, in District Charsadda 80%, in District Battagram to the extent of 79%, in District D.I. Khan 76%, in District Karak 72% and in District Mansehra to the extent of 51%. Director, Land Records also informed that the department has target date of 30th June 2026 for completing process of converting Land Records in all those districts, where land settlement had taken place from hard form to soft form and said process shall be completed within time provided to the department i.e, 30th June 2026. He added that although due to certain cuts in US Aid Program, the department has been facing certain short falls in funding of the project however, the department would prepare a recommendation and demand additional funds from the Provincial Government in the upcoming ADP program. Regarding Mouza Tehkal, Director, Land Records informed that record of said Mouza has been put on web three days before. When asked whether land owners can access record of their land, the worthy Director, Land Records replied that the department was in the process of developing a software application through which access shall be given to the public for reading land record in respect of their property besides adding certain new features for facilitating the general public, in the matters relating to maintaining online record.
6. In the circumstances, when record of Moza Tehkal has already been put on the web, instant petition has become infructuous, which is disposed of accordingly. Substantial progress has also been made in the matter of updating land records online. Maintaining of such land records online would not only aid in proficiency of public sector departments but would also facilitate general public and would go a long way in obviating the chances of maneuvering and tempering in land record. Such maneuvering and tempering have been producing a lot of litigation amongst competing parties and also adding burden of the Court. In such circumstances, we feel inclined to send a copy of this order to worthy Chief Secretary, Khyber Pakhtunkhwa, Peshawar, who may further expedite the process of converting record to soft form and maintaining the land record online. He may also expedite the process of giving access of general public to the newly proposed App and shall also explore the feasibility of establishing access point in the premises of all the civil Courts, in the province by deputing responsible Revenue Official who may get copies of the online record and produce same in civil Court in evidence without burdening Patwari Halqa of concerned mauza for putting appearance in civil Courts in person for producing manual record. Civil Courts in the province shall also try their best to procure computerized record from such Services Delivery Centers or access point and would not call Patwari Halqas for production of manual record unless found an indispensable requirement Patwari Halqa for production of manual record is found to be an indispensable requirement. Such in a particular case. In the latter mentioned case, civil Courts shall pass an express order giving reasons why calling of reasons should be cogent, plausible, realistic and the process of calling Patwari Halqa for producing manual record in routine should be discontinued forthwith. Worthy Registrar of this Court is directed to circulate a copy of this order amongst all the civil Courts in the province for compliance besides sending a copy thereof to Director General, Khyber Pakhtunkhwa Judicial Academy for necessary action at his end also.