' This is a review petition (wrongly termed as an appeal) actually against the order, dated 24-10- 1967 of the Member (L. U & Cons.) Board of Revenue West Pakistan (Wrongly shown as against the order, dated 6-10-1965 of the Commissioner, Karachi) whereby he had dismissed the petitioner's revision petition regarding mutation in Record of Right in respect of an area of 10-00 Acres from Nacla'ss No, 427 Deh Mehran, Taluka and District Karachi.
2. The facts of the case briefly stated are that the disputed piece of land was originally sanctioned by the Collector, Karachi, vide his order, dated 19-4-1950 in favour of General Manager, Government Commercial Transport, Karachi at the rate of 0-8-0 Annas per square yard. The Malkana was, however, reduced by the Collector to 0-4-0 Annas per square yard, vide his order, dated 9-5-1960. The West Pakistan Government Transport agreed to sell the plot to the petitioner during the year 1962 and the full price of Rs, 66,300 is said to have been paid to the Transport Authority by March, 1962. The petitioner claims that possession of the land has been transferred to them since then. The petitioner then approached the Deputy Commissioner, Karachi for change of Record of Rights but the Deputy Commissioner declined to do so, vide his order, dated 30-1-1965.
The petitioner then preferred an appeal to the Commissioner, Karachi, which was dismissed by him, vide his order dated 6-10-1965 on the ground that the plot was granted to the Transport Authorities for specific purpose of Motor Carriages, Workshops etc., and that they could not sell it to the petitioner, and if the Transport Authorities did not require it for that purpose, they had to relinquish the land in favour of the Revenue Department. The petitioner then preferred a revision petition to the Board of Revenue, which was rejected by the learned Member (L. U.) and Consolidation B.
0. R. West Pakistan, vide his order, dated 24-10-1967 on the similar grounds.
3. Heard the petitioner. The petitioner and his counsel were present before the Member, B. O. R. On 24-10-1967. The present petition has however, been filed against the order, dated 6-10-1965 of the Commissioner, Karachi and no mention has been made in the petition about the previous order, dated 24-10-1967 of the then Member, B.
0. R. West Pakistan. Since the order has already been passed by the Member, B.
0. R, this petition could at the most be treated as a review petition against that order. The review by Board of Revenue is not covered by any provisions of Land Revenue Act, 1967 except section 8 of the Board of Revenue Act, 1957, according to which review petition could be submitted within 90 days 4 of the order. Board of Revenue Act is a special enactment and in view of section 29 of Limitation Act. The provisions of section 5 of Limitation Act do not apply to thee proceedings as section 5 of Limitation Act has not been specifically applied to Board of Revenue Act Consequently delay in preferring the review petition cannot be condoned. The petitioner requested that this may be admitted as a review on suo motu side but there being no provision in any Law for review by Board of Revenue on suo motu side, this request cannot be entertained.
4. In the result, the review petition is dismissed as time-barred.
Review .