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Writ Petition No. 934 of 1981, decided on 12th February, 1983.
‑‑S. 10‑Provisional Constitution Order (1 of 1981), Art. 9‑Classi fication of land‑Record showing that during consolidation proceed ings petitioner's interest watched by her son who signed Khata in Register Scheme in token of acceptance on behalf of his mother and accepted Wandas‑Classification of land or distribu tion of plats having been made with consent of parties, held, could not be challenged.
‑‑ Art. 9‑Writ petition‑Plea not raised before revisional authority, held, could not be agitated for first time in writ proceed ings.
Hameed Azhar Malik for Petitioner.
Date of hearing : 12th February, 1983.
This is a Writ Petition whereby Mst. Karim Khatoon, the petitioner, wants this Court to declare the order, dated 5th May, 1971, passed by the Member (Consolidation). Board of Revenue, to be without lawful authority and of no legal effect.
2. Learned counsel submits that there is wrong classification of the land inasmuch as higher classification has been made wrongly by declaring "C" category as ‑A" category. To substantiate the same the learned counsel relies on the Jamabandi or the year 1977‑78 (Annexure A') that 150 Kanals of land which was partitioned by the order of the Revenue Court of Muzaffargarh has been re‑partitioned and instead of 150 kanals of Chah Darabi only 50 kanals have been allotted.
3. After hearing the learned counsel and going through the record; I find that the learned Member (Consolidation), Board of Revenue while disposing of the revision vide impugned order, dated 11th March, 1981 has observed as follows :‑
"I find that Qaim Din had all along been watching the interest of his mother Mst. Karim Khatoon, petitioner, during the consolida tion proceedings. He is a literate person and also a Lambardar of the village. He has signed the Khata in the Register Scheme in token of acceptance on behalf of his mother Mst. Karim Khatoon. He had also accepted the wanda of his mother. It is, therefore, not correct to say that the classification of the land or distribution of the plots was not made with the consent of the parties."
Before me the learned counsel for the petitioner has not been able to belie or controvert this observation.
4. For these reasons I do not find any substance in the first sub mission of the learned counsel. As for the second, I find that in the memorandum of revision this plea has not been taken and as such cannot be allowed to be agitated for the first time before this Court in writ jurisdiction.
5. Furthermore, the consolidation having been done with the consent of the parties it does not lie in the mouth of the petitioner to challenge the same.
6. For what has been stated above there being no merit in this' petition the same is dismissed in limine.
M. Y. H. Petition dismissed.
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