GHULAM MUHAMMAD KHAN versus MEMBER (REVENUE), BOARD OF REVENUE

Article 164 reads with the Constitution of Pakistan (1973), Article 199 revised Writing Procedure, Member Board of Revenue (Respondent No 1) amending jurisdiction does not allow preparation of multiple documents nor respondents 2 additional evidence Neither the Member nor the Member, the Board of Revenue Applicants, against the orders passed under the Land Reforms Regulation, 1972 [MLA 115] or limited section 164 of the West Pakistan Land Revenue Act (1967 XVII). Provides the opportunity to present documentary evidence of modification options exercised by officers approved under. There is no scope to review their legal status or ownership and allow the party to direct additional evidence; under the circumstances, the member is allowed to add to the evidence rejected by the Board of Revenue (Respondent 1). Given [Revised (Civil) Proof]]

1981 C L C 804

[Lahore]

Before Manzoor Hussain Sial, J

GHULAM MUHAMMAD KHAN‑Petitioner

versus

MEMBER (REVENUE), BOARD OF REVENUE

AND OTHEERS‑Respondents

Writ Petition No. 9493 of 1980, decided on 4th April, 1981.

West Pakistan Land Revenue Act (XVII of 1967)‑

‑‑. S. 164 read with Constitution of Pakistan (1973), Art. 199‑Re vision‑Writ‑Procedural defect in order‑Member, Board of Revenue (respondent No. 1) allowing production of several documents in exercise of revisional jurisdiction‑Neither respondent No. 2 moving application to lead additional evidence nor Member, Board of Revenue providing opportunity to petitioner to produce documentary evidence in rebuttal‑Held revisional powers exerciseable by officers against orders passed under Land Reforms Regulation, 1972 [M. L.A. 115] or under S. 164 of West Pakistan Land Revenue Act (XVII of 1967) limited to examination of their legality or propriety and no scope for permitting party to lead additional evidence‑Held further, incumbent in circum stances upon Member, Board of Revenue (respondent No. 1) to have allowed petitioner to adduce evidence in rebuttal.‑[Revision (civil) Evidence].

Ch. Masood Zakariya for Petitioner.

Mian Qurban Sadiq Ikram for Respondents.

Date of hearing : 4th February, 1981.

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