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Writ Petition No.4421 of 1984, decided on 6th April 1986.

‑‑‑Art.9‑‑West Pakistan Land Revenue Act (XVII of 1967), S.164‑‑Constitutional jurisdiction, exercise of‑‑Revision petition disowned by brother of petitioner having separate Khata‑‑Board of Revenue dismissing petition on such statement‑ Petitioner, held, was obviously prejudiced when Board of Revenue took action on statement of brother of petitioner having no locus standi to make such statement‑‑Orders of Board of Revenue were, therefore, declared to be of no legal effect in constitutional jurisdiction of High Court.

Ch. Muhammad Abdullah for Petitioner.

Rana Muhammad Sarwari Khan for Respondents Nos.1 to 13.

Date of hearing: 6th April 1986.

Sher Muhammad petitioner and his brother Muhammad Yusuf respondent No.14 filed a joint revision petition in the Board of Revenue in a consolidation matter. The revision petition was dismissed on 27‑5‑1984. The learned Member also observed that Sher Muhammad petitioner had disowned the revision petition. Sher Muhammad has challenged the orders in a writ petition and has claimed that the application in the Board of Revenue was made by his brother Muhammad Yusuf respondent and not by him and that the Board of Revenue has proceeded on wrong assumptions.

2. It is admitted by the learned counsel for the respondent that the application was not made by Sher Muhammad petitioner but by his brother Muhammad Yusuf respondent. It is also admitted that Muhammad Yusuf had a separate Khata. The learned counsel for the respondents, however, insists that the revision petition was dismissed on merits and the observation regarding the disowning of the revision petition was only incidental. I am afraid; I am unable to accept this contention. Sher Muhammad was obviously prejudiced when the learned Member assumed that he had disowned the revision petition, which in actual fact was disowned by his brother Muhammad Yusuf who had a separate Khata. This writ Petition is, therefore, allowed. The orders of the Board of Revenue, dated 27‑5‑1984 are declared to be of no legal effect. Sher Muhammad's revision petition will be deemed to be pending and shall be disposed of on merits after giving adequate opportunity of hearing to the parties concerned. The parties are directed appear before the Board of Revenue on 30‑4‑1986. There shall be no order as to costs.

S.A Petition accepted.

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