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Civil Appeal No. 172 of 1986 in Civil Petition for Leave to Appeal No. a20 of 1985, decided on 3rd March, 1986.

(On appeal from the judgment and order of Lahore High Court, Lahore dated 6‑7‑1985 in Writ Petition No. 2881 of 1985).

Constitution of Pakistan (1973)‑‑

‑‑‑Arts. 185(3) & 199‑‑West Pakistan Board of Revenue Act (XI of 1957), S.6(1)‑‑Question of jurisdiction‑‑Order passed by Member, Board of Revenue, challenged in writ petition‑‑High Court dismissed writ petition without going into question of jurisdiction‑‑Order impugned‑ Petition converted into appeal and case was remanded to High Court for decision afresh.‑‑[Jurisdiction].

Yusuf Ali Khan, Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record for Petitioner.

Talib H. Rizvi, Advocate Supreme Court and Ali Imam Naqvi, Advocate‑on‑Record for Respondent No. 1.

Date of hearing: 3rd March, 1986.

.‑‑By C.P.L.A. No. 920 of 1985 orders of the learned Member (Judicial), Board of Revenue, Punjab, Lahore and order of the learned Additional Commissioner, (Revenue) are challenged and inter alia, it is contended that the two authorities have wrongly held that the Collector is bound to accept the recommendations submitted by the District Remount Officer; that Mr. S.M. Naseem, Member, Board of Revenue properly adjudicated upon this point in his order and respondent No.2 Malik Zawwar Hussain, Member (Judicial) has not given any reasons that in what circumstances the decision of the learned Member (Colonies) was not correct; that. the learned Member (Judicial) of the Board had no jurisdiction to decide the question involved; and that these aspects of the case have not been gone into by the learned High Court Judge while dismissing the writ petition, and thus erred in law.

2. Learned counsel also filed copy of affidavit submitted by Mr. Muhammad Rafiq Chohan, Advocate who had appeared in the High Court and had raised the question whether Malik Zawwar Hussain, Member (Judicial) had the lawful authority to decide the case. He also filed copy of the order of the learned Member (Colonies).

3. On examining the question we find that the Board, under the relevant provision of law applicable, has Members to conduct the business in different fields vide subsection (1) of section 6 of the West Pakistan Board of Revenue Act, 1957 which reads as follows:

"6. Conducting of Business.‑‑ (1) Subject to the approval of the Government, the Board may distribute its business amongst its Members, and may, by rules, regulate the procedure of all proceedings before it."

As such the question of jurisdiction does arise in this case. Notices were already issued to the respondents. We convert the petition into appeal, allow it and remand the case to the High Court for decision afresh on the point raised by the learned

counsel.

M.I. Order accordingly.

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