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MUHAMMAD SALEEM KHAN versus AZAD GOVERNMENT THROUGH CHIEF SECRETARY


Sections 163 and 164 of the Civil Procedure Code (v. 1908), Section 151 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), section 44 writ petition, granted the government land in favor of the applicant `Tahmini open land. By way of notification, the respondents filed a review petition against such notification, which was eventually dismissed and the matter between the parties eventually reached the Supreme Court, even though the final collector was in favor of the respondents. Approves land clearance in dispute In an appeal to the Revenue Commissioner, who rejected the same applicant It filed an appeal / review before the Board of Revenue, which was also excluded on the technical matter between the parties, which eventually ended up in the Supreme Court, it had become a thing of the past. And the closed transaction, which could not be re-examined and reopened by the Revenue Courts on a petition wrapped up to correct the record, was neither heard by the applicant nor obtained prior approval from the Commissioner. As contemplated under Section 163 of the West Pakistan Land Revenue Act, 1967, the entire action taken by the Revenue Authorities was clearly a misuse of the process. The court and he were liable to be banned from exercising the inherent jurisdiction of the High Court, even as Section 151 of the Code of Conduct granted jurisdiction and granted powers to the High Court to accept the writ petition. Was canceled

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