SAQIB MANAN, MEMBER (JUDICIAL-VII). These revision petitions have been filed against order dated 16.08.2023 passed by learned Addl. Commissioner (Revenue), Sargodha Division whereby appeals filed by Rana Islam Din present respondent were accepted. As facts and law points involved in these cases are interconnected therefore these revision petitions are being disposed of through single order.
2. Facts of the cases have already been narrated in the orders passed by the lower courts so there is no need to reiterate the same here.
3. The counsels for petitioners Rana Faiz Ullah Hargan and Malik Sana Ullah Kallu argued that the respondent filed an application for demarcation of land bearing khasra No.1015/6/2, situated in Bus Stand, Rangpur Bhagore, Tehsil Noorpur Thal, District Khushab with the contentions that Budis of the said land have destroyed which is cause of quarrel between the land owners. The demarcation of land was conducted with mala fide intention. 1he said demarcation report was assailed by the petitioner by submitting an application before the Assistant Commissioner, Noorpur Thal which was accepted on 03.01.2023 whereby the demarcation report dated 25.06.2022 was set aside with the observation that the land in question had become residential/commercial and demarcation of such land falls within the ambit of Civil Court. The appeals were filed by the respondents against that order which were accepted by the Addl. Commissioner (Revenue), Sargodha Division vide impugned order dated 16.08.2023 whereby the order of Assistant Commissioner was set aside and demarcation report was upheld. The land in question is ghair mumkin/residential and commercial for the last about 50 years and it has also been entered in the revenue record since the year 1983.
The land in question is located on the road of Quaid Abad to Noorpur Thal and Rangpur to Kaloor Kot. The said land contains residential houses and shops. The revenue courts have no jurisdiction to carry out demarcation of the land in question. The Assistant Commissioner had rightly set aside the demarcation report but the Addl. Commissioner (Revenue), Sargodha Division upheld the same without consultation of record. Therefore, the impugned order is liable to be set aside by accepting these revision petitions. Finally, it was prayed that revision petitions may be accepted.
4. The counsel for respondent Mr. Sabir Hussain Baloch argued that the petitioners have encroached the land in question therefore the respondent filed an application for demarcation of above mentioned land which was carried out in accordance with law in presence of all concerned.
The demarcation was conducted after fixation of permanent points and measurement of land in accordance with law. The revenue authorities are empowered to conduct demarcation of the said land which was rightly carried out. The present petitioners assailed the demarcation report through application which was accepted by the Assistant Commissioner, Noorpur Thal without consultation of record who set aside the demarcation report. The respondent challenged the order of Assistant Commissioner through appeals which were rightly accepted by the Addl. Commissioner vide order dated 16.08.2023 whereby the order of Assistant Commissioner was set aside and demarcation report was upheld. The order dated 16.08.2023 was passed by the lower appellate court after hearing contentions of the parties and consultation of record and no irregularity or illegality has been committed in the same. On the force of above arguments, dismissal of the revision petitions was prayed for.
5. I have minutely considered arguments of counsels for the parties and have also perused record of the case file as well as the impugned orders. On examination of record, it transpired that the matter involved in this case is regarding demarcation of land mentioned above. The respondent filed an application for demarcation of land bearing khasra No.1015/6/2, situated in Bus Stand, Rangpur Bhagore, Tehsil Noorpur Thal, District Khushab with the contentions that Burjis of the said land have been destroyed which is cause of quarrel between the la owners. The said demarcation report was assailed by the petitioner by submitting an application before the Assistant Commissioner, Noorpur Thal which was accepted on 03.01.2023 whereby the demarcation report dated 25.06.2022 was set aside with the observation that the land in question had become residential/commercial and demarcation of such land falls within the ambit of Civil Court. The appeals were filed by the respondent against that order which were accepted by the Addl.
Commissioner (Revenue), Sargodha Division vide impugned order dated 16.08.2023 whereby the order of Assistant Commissioner was set aside and demarcation report was upheld. The main question which had come up for consideration before the lower courts is; whether or not a Revenue Officer is authorized to carry out demarcation of land which has attained commercial/residential status over the last many years. The learned Assistant Commissioner and the learned Additional Commissioner have given observations which are at variance with each other. In this regard I have examined the provisions of Land Revenue Act, 1967. The provisions of Section 3 and Section 117 of the Act ibid are found to be relevant. The Section 3 of Land Revenue Act, 1967 was amended vide Act XVIII of 2019. Prior to this amendment the text of Section 3 stated that "Nothing in this Act applies to land which is occupied as site of a town or village and not assessed to Land Revenue". Land occupied as the site of the town or village: was excluded from the operation of Act ibid. However, after the said amendment it is held that: "3. Exclusion of certain land from operation of this Act.- The provisions of this Act relating to assessment and collection of land revenue shall not be applicable to an area notified by the Board of Revenue."
6. It is admitted fact that the impugned land is located in rural area having partly agricultural and partly non-agricultural character. Upshot of the above discussion is that the Land Revenue Act, 1967 is applicable to the impugned land since it has not been notified by the BOR under Section 3 above. It is therefore held that a Revenue Officer is authorized to carry out proceedings in the instant case, as spelled out in Section 117 of Land Revenue Act, 1967. To this extent the findings of the learned Additional Commissioner are held to be correct.
7. However, there is an important refinement in the matter which needs to be catered for Rules 67/A and 67/B of Land Revenue Rules, 1968 specifically deal with the procedure for demarcation of land.
In other words, the Revenue Officer is bound to adopt the procedure of Rule 67/A when proceeding under section 117 of Act ibid. It is a settled principle of law that "What ought to be done must be done according to law". In the instant case the procedural law has to be followed in letter and spirit
8. Under such circumstances, the revision petitions are partially accepted the order dated 16.08.2023 and order dated 03.01.202., passed by the lower courts, as well as demarcation proceedings dated 25.06.2022 are set aside. Cases are remanded and Revenue Officer is directed to carry out the demarcation in accordance with law within 90 days. Files be consigned to record room after their compilation.