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Petitioner: SHAUKAT HUSSAIN VS Respondent: ABDUL GHAFOORHonorable Justice Hafeezullah Ishaq
1992 M L D 1986
1992 M L D 1986
[Board of Revenue Punjab]
Before Hafeezullah Ishaq, Member (Consolidation)
SHAUKAT HUSSAIN‑‑Petitioner
versus
Haji ABDUL GHAFOOR and others‑‑Respondents
R.O.R. No.1215 of 1988, decided on 27th December, 1989.
West Pakistan Consolidation of Holdings Ordinance (VI of 1960)‑‑
‑‑‑‑S. 13‑‑‑Revision‑‑‑Correction of bona fide mistake/error in consolidation record‑‑‑Justification‑‑‑Revenue estate was although, no longer under consolidation, its record having been returned to Revenue Authorities, yet bona fide mistake or error which had occurred in that record, could be corrected at any time especially in cases where there were compelling considerations of collective public good with manifest and willing consent of parties‑‑‑Revision was accepted and error or mistake in consolidation record was corrected.
Rana Noor Muhammad for Petitioner.
Date of hearing: 27th December, 1989.
ORDER
This revision petition directed under section 13 of the Consolidation of Holdings Ordinance, 1960, against the order dated 11‑6‑1988 of the Additional Commissioner (Cons.), whereby he dismissed the appeal of the petitioners.
2. Brief facts of the case are that the Consolidation Scheme of village Chak R.S., Tehsil Shujabad. District Multan was confirmed under section 10(4) of Consolidation of Holdings Ordinance, 1960 by the Collector (Cons.), vide his order dated 31‑10‑1984. The petitioners, feeling aggrieved due to wrong location of path connecting the village with Shujabad Multan Road, filed an appeal barred by time by 3 years 7 months and 6 days in the Court of Additional Commissioner (Cons.), Multan Division, who vide his impugned order dismissed it on the score of limitation. Hence this revision petition.
3. The learned counsel for the petitioners has argued that path, 3‑1/2 karams wide was provided through Field Nos.3/1, 3/2, 3/3, 4 and 5 of Square No.63 and 1 of Square No.64 connecting the village with the Multan Shujabad highway but it was erroneously shown on the Southern (Janubi) side of these field numbers instead of its northern side. Public welfare projects such as dispensary, water supply and drainage schemes etc. are all situated on the northern side; earthwork on the northern side had also been completed for metalling who road the public has been put to a lot of inconvenience by this mistake; and the Local Government Department was reluctant to take up a metalling of this earth due to its wrong location. The respondents have no objection to the change of the path from the southern side to the northern part of the aforesaid field numbers.
4. I have heard the parties and examined the record produced by the Patwari. There is a lot of substance and reason in the arguments of the petitioners. Although the revenue estate is no longer under consolidation, its record having been returned to the Revenue Authorities, yet a bona fide mistake or error can be corrected at any time and especially in case like the instant one where there are compelling considerations of collective public good with the manifest and willing consent of the parties. I therefore, accept the revision petition, set aside the impugned order and direct that in Scheme Bashindgan Deh Watbandi of paths and roads, a path through Khasra Nos.63/3/1, 2, 3, 63/4 and 5 and 64/1 measuring 3‑1/2 Karams wide shall be created along the Northern (Shamali) Wat instead of the Southern (Janubi) Wat.
AA./485/R Revision accepted.