' Sher Muhammad petitioner and his brother Muhammad Yusuf respondent No,14 filed a joint revision petition in the Board of Revenue in a consolidation matter. The revision petition was dismissed on 27-5-1984. The learned Member also observed that Sher Muhammad petitioner had disowned the revision petition. Sher Muhammad has challenged the orders in a writ petition and has claimed that the application in the Board of Revenue was made by his brother Muhammad Yusuf respondnet and not by him and that the Board of Revenue has proceeded on wrong assumptions.
2. It is admitted by the learned councels for the respondent that the application was not made by Sher Muhammad petitioner but by his brother Muhammad Yusuf respondent. It is also admitted that Muhammad Yusuf had a separate Khata. The learned counsel for the respondents, however, insists that the revision petition was dismissed on merits and the observation regarding the disowning of the revision petition was only incidental. I am afraid, I am unable to accept this contention. Sher Muhammad was obviously prejudiced when the learned Membassumed that he had disowned the revision petition which in actual fact was disowned by his brother Muhammad Yusuf who had a separate Khata. This writ. Petition is, therefore, allowed. The orders of the. Board of Revenue, dated 27-5-1984 are declared to be of no legal effect. Sher Muhammad's revision petition will be deemed to be pending and shall be disposed of on merits after giving adequate opportunity of hearing to the parties concerned. The parties are directed to appear before the Board of Revenue on 30-4-1986. There shall be no order as to costs.