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Revision Side No. 10 of 1956‑57, decided on 11th October 1956, District Sargodha.
S. 16‑--Revision--- Board will not entertain where party had remedy by appeal to Commissioner.
This purports to be a revision petition against the order of the Colony Assistant, Sargodha (exercising the powers of the Collector) dated 26‑1‑56 by which he levied a penalty of Rs. 2,106 on the petitioner for illicit cultivation of some land in Rabi, 1955. Mr. Muhammad Ali, Advocate has appeared for the petitioner. From the order of the Collector an appeal may be filed before the Commissioner. This was not done in this case on the ostensible, plea that the order of the Collector was not properly conveyed to the petitioner until 6‑6‑56. This plea could also have been taken before the Commissioner and if it was not upheld and the petitioner felt aggrieved he could come up to the Board of Revenue in revision. The powers under section 16 of the Land Revenue Act are of a discretionary nature and ought not be used when other remedies are provided for under the law. The petition is dismissed.
A. H.
Petition dismissed.
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