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Writ Petition No. 75 of 1982, decided on 12th December, 1982.
‑‑ Art. 9‑Member, Board of Revenue dismissing revision of peti tioner challenging deprivation of land on ground that petitioner purchased land on 9th October, 1975‑Whereas Consolidation Scheme was confirmed on 26th June, 1975‑Contention that peti tioner had not purchased land and contesting respondent challeng ing aforesaid order through writ petition and same is still pend ing‑Directions issued to Member (Consolidation), Board of Re venue to rehear matter, in circumstances.
Iqbal Ahmad Malik for Petitioners.
Nemo for Respondent No. 1.
Syed Murtaza Ali Zaidi for Respondent No. 2.
Date of hearing : 12th October, 1982.
Petitioner challenged the deprivation of land in Square No. 177, killa No. 1 through a revision petition before the Member (Consolidation) Board of Revenue. The same was dismissed on 16th November, 1981, on the ground that the petitioner purchased the land on 9th October, 1975 whereas the Consolidation scheme of the village had been confirmed on 26th June, 1975. Through this Constitutional petition it is contended that the petitioner had not purchased the land. It was confirmed in con solidation proceedings in his favour on 26th June, 1975. Learned counsel submits that there appears to be some misconception of fact. The contesting respondent Mst. Zohra has also challenged the aforesaid order of the learned Member (Consolidation), Board of Revenue through W.P. No. 1184/82 which is still in motion.
2. The contention of the learned counsel for the petitioner appears to be borne out from the Consolidation Scheme as (Annexure F'). The proper thing appears to be that the learned Member (Consolidation) Board of Revenue rehears the matter. Since contesting party has also filed a W.P. No. 1 144/82, she too may be heard in respect of her claim. Both the Writ Petitions are thus disposed of but without any order as to costs. ,
M. Y. M. Case remanded.
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