MALIK MUHAMMAD QAYYUM, J.- The consolidation scheme of village Bijlipur was confirmed under the Consolidation of Holding Ordinance 1960 in the year 1967. Some of the land owners filed appeals/revisions which were however, rejected and as such the consolidation scheme stood finally approved. After about 12 years, an application was filed by Ghulam Muhammad Dogar, one of the land owners, before the Additional Deputy Commissioner (Consolidations) (respondent No.3) for reconsolidation of the holdings. This application was forwarded by respondent No.3 to the Board of Revenue (respondent No.1) which, on 7th November, 1989, refused to allow reconsolidation of the holdings in the village. This order (Annex A) was not challenged any further.
2. S subsequently, however, the same Ghulam Muhammad Dogar presented an application before the Minister for Consolidations who passed the following order on 2nd of June 1990:- "A delegation met me in the office, it seems to me a complicated case. Please take notice of the case under section 13 of the Consolidation Act and decide the case on merits."
In pursuance to this order of the Minister, the Consolidation Authorities started proceedings for reconsolidation. The petitioner in this constitutional petition has challenged the validity of the order passed by the Minister as conveyed to the Additional Commissioner (Consolidations) by the Board of Revenue vide letter Annes B, and the proceedings being held pursuant thereto.
3. I have heard Mr. Taki Ahmad Khan, Advocate, in support of this petition as also Rana Muhammad Arshad, Additional Advocate General, who has appeared for respondents 1,2 and 3. None of the other respondents are present despite service.
4. The main contention raised by the learned counsel for the petitioner is that the Minister, under the law, has no jurisdiction to pass any order directing the consolidation/reconsolidation of the holdings. It was explained that the Minister is net one of the functionaries in the hierarchy of the Consolidation Authorities ut der the Consolidation of Holdings 1960 and the order passed by him is wholly void and cannot be given effect.
This contention of learned counsel is fully supported by the law declared by the Supreme Court in case of Ahmad Khan v. Member (Consolidation! Board of Revenue (P.L.D. 1990 S.C.1070) wherein while affirming the findings recorded by this Court that under the law, Minister for Consolidation has no jurisdiction to pass any order in respect of Consolidation Scheme already confirmed. It was further ruled that:- "Minister for Consolidation had no authority to interfere with the confirmed consolidation scheme as under the West Pakistan Consolidation of Commissioner and Board of Revenue. The statutory functionaries alone could have interfered with the orders challenged before them. The Minister not being such a functionary had no jurisdiction to deal with the matter in any manner whatsoever. His action was also void ab initio and could not at all be acted upon."
In view of this Authoritative pronouncement it is obvious that neither the Minister had jurisdiction to pass the order nor can any proceedings be held in pursuance to that order.
For the reasons aforesaid, this petition is accepted with costs.