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Revision Side No. 293 of 1956‑57, decided on 28th August 1957, District Montgomery.
S. 16‑--Revision lies to Commissioner against order passed by Collector on review-Powers of Commissioner to call for record.
Feroze Din for Petitioner.
This purports to be a revision petition against the order of the Colony Assistant (Exercising the powers of a Collector). Montgomery, dated 10‑8‑1957, by which on review he confirmed his earlier order dated 11‑12‑1956, by which Ihata No. 75, situated in Chak No. 18/1‑L, Tehsil Okara, District Montgomery, was allotted to the respondents. Under section 16 (2) of the Land Revenue Act, the Commissioner has got the necessary powers to call for the record of any case disposed by any Revenue Officer under his control and under section 16 (4), as amended by the West Pakistan (Adaptation and Repeal of Laws) Act, e 1957, a Commissioner may in any case called for under sub section (2) or reported under subsection (3) pass such order as he thinks fit.
2. It is true that the Board of Revenue has also got concurrent powers in such cases, but it would be undesirable in my view for the Board of Revenue to entertain this revision petition, which could have been preferred to the Commissioner, in the first instance. In the circumstances, I do not feel disposed to interfere and accordingly dismiss the petition in limine.
3. The counsel for the petitioner prays that the petition may be returned to him for presentation to the Commissioner. This may be done.
K. M. A. Petition returned.
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