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PLD 1986 Rev. 157

MUHAMMAD ISMAIL vs PIR MUHAMMAD

CitationPLD 1986 Rev. 157
CourtSindh Revenue Board
Case No.R. 0. R. No, 1382 of 1968-69,
Date1971-03-26
Judge(s)Nusrat Hasan
ResultRevision dismissed

ORDER

' This is a revision petition against the order, dated 4-7-1967 passed by the Commissioner, Khairpur, under section 91(2)(iii) of the Sind Irrigation Act, 1879 where by he rejected the petitioner's revision petition regarding change of peech of S. Nos. 292, 315 and 316 of Deh Shah Kulipur, Taluka Garhi Yasin, District Sukkur.

2. I had heard the petitioner on 26-10-1970. According to the provisions of section 91(2)(iii) of the Sind Irrigation Act, 1879 under which the impugned order had been passed, the order passed by the Commissioner was final and conclusive. There is no provision in the Act for revision to the Board of Revenue in such matters. As held by me in order dated 24-3-1971 in R.

0. R. No, 2527 of 1968-69. Attar Khan v. Kadir etc. Khairpur District the Board of Revenue cannot exercise revisional jurisdiction in the case under the authority vested in it under section 4 of the West Pakistan Board of Revenue, Act 1957 vide PLD 1967 SC 314 and also cannot interfere in the matter, under the provisions of the West Pakistan Land Revenue Act, 1967 after repeal of the sections 203 and 211 of the Sind Land Revenue Code, 1879. In view of these facts, the Board of Revenue has no jurisdiction in the present case and the revision petition is, therefore, dismissed accordingly.

3. The parties may be informed.

THE END

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