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1991 MLD 458

NAZAR MUHAMMAD and anothers vs MEMBER BOARD OF REVENUE PUNJAB,

Citation1991 MLD 458
CourtLahore High Court
Judge(s)Muhammad Munir Khan
ResultPetition dismissed

' Through this Constitutional Petition Nazar Muhammad and Muhammad Ashiq petitioners want this Court to declare the orders dated 20-2-1988 of Additional Commissioner (C), Multan and dated 28-2-1990 passed by Member (C), Board of Revenue, Punjab, Lahore, to be without lawful authority and of no legal effect.

' The facts leading to this petition briefly are that Nazar Muhammad and Ashiq Muhammad petitioners and Malik Ahmad Bakhsh respondent No,3 were/are land-owners of Village Rawani, Tehsil Lodhran, District Multan. Pursuant to the confirmed consolidation scheme different Khasra numbers were allocated to them by the Consolidation Officer on 29-9-1985. Feeling aggrieved thereby Malik Ahmad Bakhsh filed appeal before Additional Commissioner (C)/Collector, Multan without impleading one of the petitioners namely Ashiq Muhammad. The appeal was dismissed on 31-1-1987. Feeling still dissatisfied, he filed revision against the order dated 31-1-1987 of the Additional Commissioner before the learned Additional Commissioner (C) Multan, which was accepted on 28-2-1988 and fresh adjustment between the parties was made. Feeling aggrieved of this order, Nazar Muhammad and Ashiq Muhammad petitioner filed revision before Member (C), Board of Revenue, Punjab, Lahore, which was dismiAed on 28-2-1990, hence this petition.

3. Learned counsel for the petitioners submitted that one of the petitioners namely Ashiq Muhammad was not made party in the appeal filed by Malik Ahmad Bakhsh respondent against the original order of allocation of Khasra numbers dated 9-9-1985 and as such all subsequent proceedings tumble down to the ground; that the wandas of the petitioners and Malik Ahmad Bakhsh respondent were prepared with the consent of the parties, so the same could not have been changed by Additional Commissioner (C) vide order dated 20-2-1988.

' Learned counsel for the respondent at pre-admission stage has supported the impugned orders.

4. I have considered the matter carefully. There is nothing on record to show that the original adjustment was made with the consent of the parties. Since no order adverse to the interest of Ashiq Muhammad (one, of the petitioners) was made by the learned Additional Commissioner in appeal against the order dated 9-9-1985 of the Consolidation Officer, therefore, the grievance of the petitioners that one of them was not impleaded as respondent is of no substance. In any case both the petitioners were heard by the Additional Commissioner (C) Multan and by the Member(C)

Board of Revenue, Punjab, Lahore. In the instant writ petition, the precise question is of the allocation of land in consolidation. The learned counsel has not been able to point out any illegality or irregularity, in the order dated 20-2-1988 of Additional Commissioner (C) Multan who was quite competent to modify the adjustment in the wandas of the parties. He has not flouted the provisions of relevant law. Needless to say that it is not open to this Court to enter into the merits/demerits of such allocation while exercising the Constitutional jurisdiction of this Court.

' Pursuant to the above discussion, there being no merit, the petition is dismissed in limine.

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