Consolidation Officer confirmed consolidation scheme of village Dherianwala, Tehsil and District Narowal on 23rd September, 1981. Mahboob Khan, etc., filed an appeal against this order before A.D.C./ Collector (Cons.), Sialkot under section 11 of Consolidation of Holdings Ordinance, 1960.
A.D.C./Collector (Cons.) dismissed the same on 19th March, 1985. Mahboob Khan etc., filed revision before Additional Commissioner (Consolidation), Gujranwala Division who remanded the case to A.D. C./Collector (Cons.), Sialkot on 31st August, 1985. Vide his order, dated 17th February, 1986, A.D.C./Collector (Cons.) re-allocated the Wandas to the parties. Saira Bibi, etc., filed appeal against this order of A.D.C./Collector (Cons.) which was dismissed by Additional Commissioner (Cons.), Gujranwala Division on 14th June, 1986. Saira Bibi, etc., then filed revision petition in the Board of Revenue, Punjab which was disposed of by Member (Consolidation), Board of Revenue, Punjab on 28th March, 1989 with the following observation:---------- "I, therefore, accept the revision petition, set aside the orders, dated 17-2-1986 and 14-6-1986 of the Collector and Additional Commissioner (Cons.) respectively and remand the case to the Additional Commissioner (Consolidation) for fresh decision after hearing the parties."
2. The case was fixed for hearing by Additional Commissioner (Consolidation), Gujranwala Division.
The parties were repeatedly called and except Muhammad Yaqoob one of the respondents none appeared before him on various dates of hearing. He merely ordered on 18th March, 1991 that the case be filed. Alain Khan son of Saira Bibi submitted an application to D.C./Collector, Narowal that after the order of Additional Commissioner, dated 18th March, 1991, the consolidation scheme as it was confirmed by Consolidation Officer was in the field since the order of A.D. C./Collector (Cons.).
Dated 17th February, 1986 of Additional Commissioner (Consolidation), dated 14th June, 1986 were struck down by the learned Member, (Consolidation), Board of Revenue, Punjab vide his order, dated 28th March, 1989. He, therefore, prayed that Mutation No.496 which was sanctioned in accordance with the order of A.D. C./Collector (Cons.) which after the order of the learned Member, Board of Revenue lost the field, should be allowed to be reviewed and consequential Mutation No.255 relating to land covered by Mutation No.496 which was sold by the respondents (before the learned Member, Board of Revenue) to some other person may also be allowed to be corrected by way of Sehat Intiqal. D.C./Collector accepted the request on 30th July, 1997. This order was challenged in appeal before Commissioner, Guiranwala Division who upheldthe order of D.C./Collector, dated 10th February, 1997. The issues involved in the instant revision petitions are:--
(a) If a revision petition results at the level of Board of Revenue in remand with simultaneous string down of the orders of the lower Courts, will the original order, without benefit of fresh decision as ordered by the Board of Revenue, owing to filing of the case due to absence of party/ies before the Court hearing the case in remand will hold the field? '
(b) Are the Revenue Authorities i.e., D.C./Collector and Commissioner competent to intervene in the decisions taken and orders made by Consolidation authorities?
3. The prayer of Saira Bibi, etc., in the revision petition before the learned Member (Consolidation), Board of Revenue, Punjab was that the original order of Consolidation Officer be maintained and orders of A.D. C./Collector (Cons.), dated 14th June, 1986 and Additional Commissioner (Consolidation), dated 17th February, 1986 be struck down. Having obtained an order of the learned Member, Board of Revenue whereby the orders of A.D.C./Collector (Cons.) and Additional Commissioner (Cons.) were struck down, Saira Bibi, etc., deemed it fit not to appear before the Additional Commissioner to whom the case was remanded. The striking down of the aforesaid orders by the learned Member, Board of Revenue was not a conclusive order in itself. The case stood remanded for a fresh decision to the Additional Commissioner after hearing the parties.
Saira Bibi, etc., reckoning that non-appearance before Additional Commissioner will result in dismissal of the case in default deliberately chose to absent themselves from the Court to which the case had been remanded. Resultantly, the case was filed. This was certainly a wrong order since the directions of the learned Member, Board of Revenue were for decision of the case afresh by the Additional Commissioner after hearing the parties. In case any of the parties was not present before the learned Additional Commissioner, he ought to have adverted to the facts of the case and law on the subject and passed a comprehensive order after hearing which ever party chose to be present before him. It is very clear that the directions of the learned Member (Consolidation) were not complied with by Additional Commissioner (Consolidation). None of the parties, therefore, have the right to seek or obtain the position which obtained prior to the litigation in the Courts of A.D.C./Collector (Cons.) and Additional Commissioner (Consolidation).
4. In this view of the matter, the case will be deemed to be pending with the Additional Commissioner (Consolidation) who will decide it afresh after hearing the parties who may chose to appear before him, and strictly with clear determination of the points recited in the body of the revision petition filed before him. The order of District Collector cannot be deemed to be an interference in the consolidation scheme but certainly it was based on an erroneous assumption that the case on the consolidation site had been conclusively decided warranting cancellation of mutation. Commissioner fell in a similar error. The answer to the second query as mentioned at para. 2(b) although no applicable in the present case is certainly in the negative. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.