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AMIR FAYYAZ ALI KHAN THROUGH GENERAL ATTORNEY versus MEMBER, BOARD OF REVENUE JUDICIAL-1


Section 2 Civil Procedure Code (v. 1908), Section 12 (2) Constitution of Pakistan (1973), Section 199 The application under Section 12 (2) of the Constitution, addressed in the present case to the CPC, and Member, Board Submitted to Off Revenue. The Chief Settlement Commissioner, who submitted the matter to the Deputy Settlement Commissioner for inquiry and report, instead of submitting the report to the Deputy Settlement Commissioner, Member, Board of Revenue / Chief Settlement Commissioner, proceeded to pass the order. And dismissed the request. Applicant's accuracy The Deputy Settlement Commissioner could not do so because, in doing so, he exceeded the order of his authority and jurisdiction granted by the Deputy Settlement Commissioner, in the circumstances, as a legal exercise of jurisdiction. Could not be obeyed and said that there could be no order. It has no legal utility except that the Member, the Board of Revenue, should be treated as if an Inquiry Report Member, the Board of Revenue, had an effective and operative order guarantee on the request of the applicant. According to what will be considered pending for hearing and decision, the parties were directed by the High Court to make their presence on the specific date before the Member, Board of Revenue, who will proceed to decide. As per the law, the High Court observed the applicant's request within a month, and made it clear that there should be no doubt that all available petitions, including the merits of proceedings before the board, are open to the parties. ? Remand Order to Revenue / Chief Settlement Commissioner and Existing Order of High Court

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