' This is a petition for review of the order, dated 29-4-1981 passed by the then learned Member (A&S), Board of Revenue, Sind in SROR-291 of 1980-81 whereby he granted an area of 0-8 ghuntas from S. No, 147 (1-08) acres of Deh Jalbani, Taluka Warah to the respondent.
2. Heard the counsels for both the parties. Perused the impugned order and other relevant record.
3. Facts of the case are contained in the impugned order of the learned Member (A&S), Board of Revenue, Sind and need not be reproduced.
4. The counsel for the petitioner contended that the respondent had been granted an area of 8 ghuntas out of S. No, 147 area 1-08 acres for residential purpose in village Gaji Khawar which is against the provision of the relevant land grant policy for residential purpose notified by the Land Utilization Department, Board of Revenue, Sind vide Notification No, KB/1/30/72/7098, dated 12-1- 1975. The counsel further contended that the respondent had obtained the grant by misrepresenting the facts who did not make any villager the party in the case, and he had concealed the facts of the grant. When the respondent came on the site the petitioner had acquired the knowledge and filed the present review petition. The counsel argued that the review petition though time-barred but the time will run from the date of knowledge and moreover there is no limitation against void orders. The council also contended that the grant of 8 ghuntas for residential purpose is quite unjustified. The counsel, therefore, prayed that the impugned order is against the policy and may be set aside.
5. The counsel for the respondent argued that it is a review petition and the scope of which is very limited and the case cannot be re-opened as a whole. The counsel further argued that at review stage only apparent mistakes and fresh and important evidence which could not be produced earlier be considered. The counsel, therefore, prayed that the present case is not fit for review and may be rejected.
6. I have considered the case. The impugned order indicates that the learned Member, Board of Revenue had granted 8 ghuntas of land for the purpose of residential purpose without assigning reasons. It is against the policy referred to above to grant land to the above extent for residential purpose. Board of Revenue is empowered to grant State land to any person subject to policy instructions as may be approved by Government. In the instant is in conflict with Government instructions and hence illegal and void ab initio and of no effect. It has been held in PLD 1961 W. P.
(Rev.) 107 that "where there is a legal error patent on the face of record review is competent. Apart from section 8 of the Board of Revenue Act a Court must be presumed to have some inherent powers to correct errors of this kind.
7. In view of the above position, there is ample justification to review the previous order. I, therefore, set aside the impugned order and cancel the grant made in favour of the respondent.
Review accepted.