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Writ Petition No. 2336 of 1985, decided on 8th March, 1986

---Art. 199--Punjab Consolidation of Holdings Ordinance (VI of 1960), Ss. 11 & 13(3)--Consolidation of holdings--Allocation of land, exclusion of certain Khasra number--Allegation of fraud--Constitutional jurisdiction, exercise of--Order for exclusion of disputed Khasra number from part of land-owner's 'wands' in compact block without his consent, for land situated at far-off distance, passed by consolidation officer and affirmed by Appellate Authorities without inquiring into allegation of fraud leveled by land owner, was set aside by High Court in exercise of constitutional jurisdiction--Case was remitted for deciding afresh in accordance with law.

Wasim Sajjad for Petitioners.

Ch. Muhammad Rafiq Waraich for Respondent No.1.

Sh. Abdul Aziz for Respondent's 'Nos. 4 to 7.

Date of hearing: 8th March, 1986.

This writ petition is directed against order dated 4-2-1985 of the learned Member (Consolidation), Board of Revenue, Punjab, Lahore whereby he dismissed petitioners' revision petition and maintained order dated 22-11-1984 of the learned Additional Commissioner (Consolidation) Lahore Division, Lahore.

2. The relevant facts of the case are that the consolidation scheme of village Maujoke, Tehsil Chunian, District Kasur was confirmed on 30-6-1976 under section 13(3) of the Consolidation of Holdings Ordinance, 1960. Barkat Ali the predecessor in interest of the petitioner was allocated land on 30-6-1976 comprising Khasra Nos. 5217 and 5218 apart from other land, but by a footnote added on the register scheme of the same date the Assistant Consolidation Officer withdrew these Khasra numbers from his 'Wands' and he was given other land, comprising Khasras Nos. 6372 and 6376 without notice to him. In the year 1983, Late Barkat Ali learnt about the change and challenged that order in appeal, pleading that fraud had been committed, upon him. He, however, died during the pendency of appeal. The delay in filing the appeal was condoned by the Collector but the appeal was dismissed on merits. The petitioners unsuccessfully assailed the aforesaid order in revision before the learned Additional Commissioner and the Member, Board of Revenue, Punjab. Hence this petition.

3. Learned counsel for the petitioners contended that respondents No. 1 to 3 did not inquire into the allegation of fraud due to which Barkat Ali was deprived land comprising Khasras Nos. 5217 and 5218. It was contended that ordinarily he could not have agreed to exclude the disputed Khasra numbers forming part of his 'Wands' in a compact block, for the land situated at a far-off distance.

4. Learned counsel for the respondents, on the other hand, submitted petitioners predecessor filed appeal after seven years from the date of order although possession of the disputed property had changed.

5. I have heard learned counsel for the parties and have perused the impugned orders together with the relevant record produced by the Consolidation Officer. Undoubtedly Khasras Nos.5217 and 5218 were allocated to the petitioners' 'Wands' on 30-6-1976. The subsequent note added by the Assistant Consolidation Officer on the register scheme allegedly at the instance of Barkat Ali does not appeal to reason, particularly because, Barkat Ali would not agree to the exclusion of that land from his compact block for land situated at a far-off distance from the rest of his land. The allegation of fraud levelled by Barkat Ali, deceased was not inquired into by respondents Nos.l to 3. The impugned orders on this ground alone are legally untenable and are, therefore, declared to be of no legal effect.

6. This petition is allowed and the,base is remitted to the Collector Consolidation/ Additional Deputy Commissioner (Consolidation), Kasur, for re-decision of the appeal on merits in accordance with law.

7. The parties are directed to appear before him on 14-4-1986.

8. There shall be no order as to costs

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