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1994 MLD 552

HASSAN AMIR and others vs COLLECTOR and others

Citation1994 MLD 552
CourtLahore High Court
Case No.Writ Petition No,2866 of 1975
Date1992-10-14
Judge(s)Ch. Mushtaq Ahmad Khan
ResultPetition dismissed

ORDER

' In this writ petition, the petitioners have challenged order dated 30-3-1972 passed by the Revenue Officer, Mianwali, in pursuance .Whereof mutation of Partition No,3609, dated 29-9-1972 was attested by Assistant Collector First, Mianwali. Contention of the petitioners is that the order of partition has not been passed in accordance with law as the partition could not take place in pursuance of the bar contained under MLR 64 of 1959 read with MLR 115 of 1972 and therefore the mutation sanctioned by the Revenue authorities as well as the order of partition passed by the Assistant Collector, Grade-I, is illegal and without a lawful authority.

2. Learned counsel for the respondents has contended that both these orders were appealable and the first appeal filed by the petitioners has been dismissed as barred by time by the Collector, Bhakkar vide order dated 10-5-1975. This order was also challengeable in revision but the petitioners instead of challenging the said order in the heirarchy provided under Land Revenue Act have filed the present writ petition which according to the learned counsel is liable to be dismissed in view of the availability of an alternate efficacious remedy.

3. I have considered the arguments addressed by the learned counsel for the respondents and also the contentions raised in this writ petition. I find that the petitioners could have availed of remedy of revision under the provisions of Land Revenue Act after the dismissal of their appeal but instead of adopting that course they have filed this writ petition which is not maintainable in view of the provisions of Article 199 of the Constitution of Islamic Republic of Pakistan inasmuch as an efficacious alternate remedy was available to the petitioners. Secondly, as this writ petition aims at challenging the mutation and partition proceedings relating to agricultural land conducted by the Revenue authorities, the same is liable to be dismissed as being incompetent. See Khuda Bakhsh v.

Member, Board of Revenue (Colonies) and 3 others 1976 SCM R 26 and case of Ahmad Khan v.

Muhammad Shall and 4 others 1991 SCM R 352. Resultant, this writ petition is dismissed with costs.

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