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PLD 1984 Rev. 13 Punjab

MUTTALI AND ANOTHER vs MUTTALI AND OTHERS

CitationPLD 1984 Rev. 13 Punjab
CourtBoard of Revenue
Case No.R. O. R. No, 271 of 1982
Date1983-09-24
Judge(s)A. K. Khalid
ResultRevisions accepted

ORDER

' This revision petition under section 13 of the Consolidation of Holdings Ordinance, 1960, is directed against the order of the Additional Commissioner (Cons.), Rawalpindi, dated 16-11-1981, whereby the order of the Collector (Cons.), Gujrat, dated 19-4-1980 making certain amendments in the khatas of the parties, was set aside and the case was remanded to him for fresh decision, strictly in terms of the earlier remand order, dated 26-11-1978.

3. Briefly, the consolidation scheme of village Hardoeka, of Phalle tehsil was confirmed by the Assistant Consolidation Officer on 30-5-1976. The petitioners resisted the scheme in appeal before the Collector (Cons.) but failed on 20-1-1977. Thereafter, they filed a revision petition before the Additional Commissioner (Cons.), who remanded the case with certain directions, vide his order, dated 26- 1-1978. Accordingly the Collector (Cons.) took up the case again and after hearing the respective claims of both the parties made certain amendments in their ichatas, vide the order, dated 19-4-1980. Both the parties felt aggrieved and filed two separate revisions against this order before the Additional Commissioner (Cons.) who once again remanded the case to the Collector (Cons.), vide impugned order, dated 16-11-1981. Hence this revision petition.

4. The learned counsel for the petitioners have contended that the area of Bar and Hither has not been fairly distributed between the parties and also that the entitlement of the petitioners in class I land has been reduced from 167 Kanals to 163 Kanals. The learned counsel have, however, no objection if the amendments made by the Collector (Cons.) in his order, dated 19.4-1980 are restored as between the parties. The respondents have also agreed to the restoration of the amendments made by the Collector (Cons.).

5. I have seen the order of the Collector (Cons.) and find that to amendments made therein are not only just and proper but also acceptability to both the parties. In these circumstances I would allow this revision petition, set aside the impugned order of the Additional Commissioner (Cons.), dated 16-11-1981 and restore the order of the Collector (Cons.), dated 19-4-1980 as between the parties.

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