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Petitioner: MUHAMMAD SULEMAN VS Respondent: ADDITIONAL DEPUTY COMMISSIONER (GENERAL), LAHORE CANTT
Court Name: Lahore High Court Judge(s): Ch. Muhammad Nasim Title:MUHAMMAD SULEMAN vs ADDITIONAL DEPUTY COMMISSIONER (GENERAL),
LAHORE CANTT Case No.: Writ Petition No,12959 of 1998 Date of Judgment:1999-11-16 Reported As: PLD 2000 Lahore 262 Result: Petition allowed Judgment JUDGEMENT The facts entailing the institution of this writ petition on 30-6-1998 are as under:-- Muhammad Suleman writ petitioner being a displaced person claimed to be in possession of the piece of land measuring 1 Kanal situated in Mauza Kothay Pind, Faisal Town, Lahore. He made the application for the transfer of the said plot to him before the Chief Settlement Commissioner, Punjab, Lahore which was finally transferred to him under the orders of the Lahore High Court, Lahore passed in previous Writ Petition No.262-R of 1992 filed by him vide Transfer Order No.0000754 dated 11-4-1995. After the transfer of the said plot under his possession, Muhammad Suleman petitioner submitted an application on 9-8-1995 before the Additional Deputy Commissioner (General), Lahore Cantt./respondent for entry in the Revenue Record and mutating the same in his favour. On the said application of the petitioner the ADC(G) Cantt., Lahore (respondent) through his letter dated 19-9-1997 sought re-verification of the said transfer order from the Secretary (Settlement and Rehabilitation), Board of Revenue, Punjab, Lahore who vide his letter dated 6-12-1997 verified the genuineness of the abovementioned transfer order: The petitioner approached the respondent many a times and requested him to do the needful and mutate the aforesaid plot under his .possession in his favour. It is asserted that due to mala fides the matter about the sanction of the mutation is being put off on one excuse or the other and according to the petitioner he is wandering in bewilderess as his genuine grievance is not being redressed. It is reiterated by him that the action on the part of the respondent is mala fide, illegal and is causing undue mental and physical torture to him. He has invoked the Constitutional jurisdiction of this Court seeking the issuance of writ/direction against the respondent to act in
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accordance with law and mutate the plot in question transferred in his favour as far back as I 1-4- 1995.n 2.The Additional Deputy Commissioner (General), Lahore Cants. submitted the comments who admitted the filing of the application by the writ petitioner for sanction of the mutation, referring the matter by him to the Secretary (Settlement and Rehabilitation), Board of Revenue, Punjab, Lahore and re-verification by him vide letter dated 6-12-1997. He expressed that on receipt of re- verification order dated 6-r2-1997 he directed the Tehsildar, Cann. Lahore to inspect the sire and to furnish the report which was received by him on 24-10-1998 which was being examined and thereafter the file of the petitioner shall be forwarded to the District Collector. Lahore for according the necessary permission for attestation of the mutation. He took the exception to the filing of this writ petition by expressing that adequate and efficacious remedy was available to the petitioner in the revenue hierarchy before invoking the extraordinary jurisdiction of the High Court. 3.The matter remained pending before this Court for a considerable time. On 20-10-1998 I passed the order for sanction of the mutation by giving a Schedule of time The ADC(G). Cann. Lahore sent a letter to the Deputy Commissioner. Lahore. On this the Deputy Commissioner. Lahore submitted his report who admitted all the facts of the writ petition. but expressed that according to the report of the Extra-Assistant Commissioner (Revenue). Lahore Muhammad Suleman petitioner was in possession of an area of 17 Marla and 152 square feet as against an area of I Kanal claimed. by him. He contended that it was not possible for him to mutate the land to the extent of 1 Kanal. On this report of the Deputy Comibissioner, Muhammad Suleman petitioner expressed before this Court that his entitlement was on I Kanat of land while he was in possession of 17 Marl. and 152 square feet as measured by the revenue staff and conceded that to that extent of that area the mutation may be sanctioned. 4.The present position is that the mutation has been sanctioned. In this view of the matter the writ petition stands fructified and obviously, disposed of. 5.Even though this writ petition has been disposed of having fructified I would like to dispose of the controversy involved in this petition on merits as the same is that of public interest litigation and will be a source of convenience to the landownerst/owners of immovable property within all the Civil Districts in Punjab and particularly in Civil District of Lahore as during the hearing of this writ petition many persons from the public had been appearing to hear the same and the learned Advocates also watched the same and some of them brought their difficulty of this very nature to the notice of this Court verbally that their mutations are also not being sanctioned. It is a dispute wherein substantive jurisdiction of the Deputy Commissioner/District Collector as well as the Additional Deputy Commissioner (General). Lahore Cantt. and City Lahore/Collectors has to he determined with respect to the attestation of the mutations. I would express that to enter into litigation has never been liked in our social set-up. Since this matter has come to the notice of this Constitutional Court it is the right and ripe time to examine the law on the subject in the larger interest of the citizens (members of the public) who are clamouring that they are being vexed and taxed by the public servants of the revenue hierarchy. 6.At this stage it is proper to espresss that the learned A.A.-G. intimated this Court on 5-5-1999 that the Deputy Commissioner, Lahorc is desirous to appear to bring certain facts to the notice of this Court. He was allowed and it was on 20-5-1999 that Mr. Fawad Hassan Fawad, Deputy Commissioner assisted by Mr. Khushi Muhammad. Nazir EAC(R) and Mr. Muhammad Waseem. Naib-Tehsildar appeared alongwith Syed Zulfiqar Ali Bokhari. Assistant Advocate-General who argued the matter before me bringing to my notice his overall control on his subordinate Revenue Officers in terms of section 14 of the Land Revenue Act. 1967 which according to him empowered him to distribute the business as well as withdraw and transfer the cases. About his difficulty due to the irregular and some time illegal conduct of the Revenue
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Officers exercising the powers of the Assistant Collectors of the First Grade and Assistant Collectors of the Second Grade working under him, being a source of inconvenience to the general public; he expressed that he would move the Board of Revenue, Punjab. Lahore for streamlining and issuing the policy about the mutations against Permanent Transfer Deeds and Transfer Orders issued by the Settlement Department. Board of Revenue. Punjab. Lahore. He handed over the copy of his office order dated 4-5-1999 restraining the Revenue Officers from sanction of mutations against PTDs/TOs issued by the Settlement Department and streamlining the matter through the constitution of a Committee. He sent his Letter No.EACR/364 dated 10-6-1999 afterwards to the learned Senior Member. Board of Revenue. Punjab. Lahore and a copy of the same was produced by the learned A.A.-G. before this Court which forms part of this petition. In this letter the Deputy Commissioner, Lahore prayed to the learned Senior Member. Board of Revenue, Punjab. Lahore to nominate the Collector. Lahore to exercise powers under section 42(6) of the Land Revenue Act in respect of mutations against PTDs/TOs either himself or nominate any other Revenue Officer for the purpose for the total limits of Revenue District of Lahore. 7.At this stage it is relevant to refer to this aspect of the matter that there are watertight compartments of jurisdiction of Revalue Officers posted at different positions. Section 7 of the Land Revenue Act provides the classes of Revenue Officers and the same is reproduced as under for the sake of convenience:-- Section 7. Classes of Revenue Officers...(1) There shall be the following classes of Revenue Officers. (a)the Board of Revenue; (b)the Commissioner; (c)the Collector; (d)the Assistant Collector of the first grade. (e)the Assistant Collector of the second grade. (2) The Deputy Commissioner of the District or the officer performing for the time being functions as such, shall be the Collector thereof. 8.According to section 4 containing different definitions "Revenue Court' means a Court constituted as such under the law relating to tenancy as in force for the time being (subsection (22)) and "Revenue Officer" means a Revenue Officer having authority under the Land Revenue Act. 1967 to discharge We functions of a Revenue Officer (subsection (23)). 9.For the proper appreciation of the dispute in hand sections 8 to 18 are reproduced as under:- Section 8. Appointment of Commissioners and Collectors.--For each Division there shall be a Commissioner, and in each District there shall be a Collector, who shall be appointed by Government. and who shall exercise throughout the Division or District as the cake may be, all the powers, and discharge all the duties, of the Commissioner or Collector, as the case may be. under thii Act. Section 9. Additional Commissioners and Additional Collectors.--Government may appoint in any Division an Additional Commissioner or in any District an Additional Collector, who shall exercise throughout the Division or District concerned all or any of the powers and discharge all or any of the duties conferred or imposed on a Commissioner or Collector, as the case may be. by or under this Act, subject to the general supervision and control of the Commissioner of the Division in the case of Additional Commissioner, and the Collector of the District in the case of Additional Collector. Section 10. Assistant Collectors.--(1) Government may appoint to each District as many Assistant Collectors of the first and second grade as it may deem expedient. (2)Government may place the revenue administration of a Sub-Division in a District in the charge of any Assistant Collector of the first grade appointed to that District and confer all or any of the
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powers of the Collector on such officer under subsection (I) of section 16. (3)If any of the powers of a Collector, under this Act are conferred on an Assistant Collector they shall be exercised by him subject to the control of the Collector. Section 11. Tahsildars, etc.--The Chief Officer entrtuted with the local revenue administration of a Tehsil shall be called the Tahsildar (which also includes a Mukhtiarkar), who shall exercise such powers and discharge such dunes of an Assistant Collector as may be expressly conferred or imposed on him by or under this Act. Section 12. Certain appointments to be notified --The appointment of all officers under this Chapter shall be by notification. Section 13. Superintendence and control of Revenue Officers.--(I) The Board of Revenue shall be subject to the control of Government. (2)The general superintendence and control over all other Revenue Officers shall be vested in, and all such Officers shall be subordinate to, the Board of Revenue. (3)Subject to the general control of the Board of Revenue, a Commissioner shall control all other Revenue Officers in his Division. (4)Subject as aforesaid and to the control of the Commissioner, a Collector shall control all other Revenue Officers in his District. Section 14. power to Distribute business and withdraw and transfer cases.--(1) The Board of Revenue may. be written order distribute, in such manner as may be deemed fit, any business cognizable by any Revenue Officer under its control, and, by like order, withdraw any case pending before any such Officer. (2) The powers exercisable by the Board of Revenue under subsection (I) may, by like order, and in like manner, be exercised by a Commissioner or Collector in respect of any business cognizable.by, or any case penning tretore other Revenue ()MCC'S under trim respective control. (3)Where a case is withdrawn by the Board of Revenue under subsection (I), the Board may dispose of it itself, or, by written order, refer it for disposal to any Revenue Officer and where a case is withdrawn by a Commissioner or Collector, under subsection (2), the Commissioner or Collector, as the case may 'be, may dispose of it himself, or by like order, refer it to any other Revenue Officer under his control. (4)No Order under this section shall empower any Revenue Officer to exercise any powers or deal with any business which he would not he competent to exercise or deal with within the local limits of his own jurisdiction. Section 15. Combination of officers.--It shall be lawful for Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the Offices provided for in this Chapter. Section 16. Conferment of Powers of Revenue Officers.--( l) Government may, by notification, confer on any person all or any of the powers of a Commissioner or Collector under this Act, and may, in like manner, withdraw such powers. (2)The Board of Revenue may, by notification, confer on any person all or any of the powers of an Assistant Collector under this Act, and may, in like manner, withdraw such powers. (3)A person on whom powers are conferred under this section shall exercise those powers within such local limits, and in such classes of cases as Government or the Board of Revenue as the case may be. may direct and, except as otherwise so directed, such person shall, for all purposes connected with the exercise thereof, be deemed to be the Commissioner, Collector or Assistant Collector, as the case may be. Section 17. Functions of Revenue Officers.--Except where the class of Revenue Officers by whom any function is to be performed is specified in this Act, the Board of Revenue may, by notification.
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determine the functions to be performed under this Act by any class of Revenue Officers. Section 18. Retention of powers by Revenue Officers on transfer.--When a Revenue Officer of any class who has. under the provisions of this Act, any powers to be exercised in any local area, is transferred from that local area to another as a Revenue Officer of inc same or a signer class, he shall continue to exercise those powers in that other local area unless Government or the Board of Revenue, as the case may be, otherwise directs or has directed. 10. Without prejudice, at this stage, it can safely be expressed that keeping in view the water-tight compartments of jurisdiction if any Revenue Officer starts working/modelling/interfering according to his own whims or desire in the working of any other Officer competent in the matter and their actions are approved, I must record and express that there would be administrative chaos in the society leading towards judicial anarchy in the revenue hierarchy which is not the intention of law and keeping in view this perspective of the matter the dispute in hand is being settled for the betterment and the convenience of the affected citizens. I I Letter No.2608-93/298/01-R(1). dated 20-1-1994 issued by the Board of Revenue, Punjab to the Deputy Commissioner/Collector, Additional Deputy Commissioner (General)/Collector, Lahore Cann. and Additional Deputy Commissioner (General)/Collector,. Lahore City was also submitted which is reproduced as under -- 'Phone No.353319.No.2608-931298/OIR(I) Board of Revenue Punjab Lahore. dated the 20th January. 1994. From The Board of Revenue. Punjab. To. 1. The Deputy Commissioner/Collector, Lahore. 2.The Additional Deputy Commissioner(Gen.)/Collector. Lahore Cantt. 3.The Additional Deputy Commissioner (Gen.)/Collector. Lahore City. Subject: VERIFICATION OF TRANSFER DOCUMENTS--CLARIFICATION THEREOF. According to the previous practice the Transfer Documents were placed before the Verification Committee constituted for the purpose and after proper verification letters were issued by Secretary (SR) to the concerned ADC(G) at Lahore with an endorsement to Tehsildar concerned, after re-verification of the validity of these letters from the offices of Secretary (S&R), at personal level. 2.In a meeting held in the office of learned MBRO-111)/CSC which was attended by Deputy Commissioner, Lahore and ADC(G), Cantt. it was decided and announced that the role of the verification committee would be restricted to the issuance of certified copies of the original documents available on record. 3.Some confusion is still prevailing in the field offices at Lahore that the verification and re- verification letters would be issued from the Verification Committee at Board of Revenue level. This is clarified that no verification or re-verification letter is being issued nor will be issued to the field formations and only certified copies of the original documents available on record are being issued. The revenue field officers may enter the mutation on the certified copies after their personal satisfaction and discretion. This office will be more than ready for any personal verification of certified copies/records for the facility of the field officers for the purpose of mutation. (Sd.) Secretary, Settlement and Rehabilitation/ Chairman. Verification Committee. Board of Revenue. Punjab. No.260$-93/299/OIR(l) A copy is forwarded to:-- 1All Deputy Commissioners in the Punjab; (except D.C.. Lahore).
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2. All Additional Deputy Commissioners(Gen.)/DSCs in the Punjab (except Lahore City and Cam.) for information and similar further action. (Sd.) Secretary, Settlement and Rehabilitation/ Chairman. Verification Committee, Board of Revenue. Punjab.' 12. Order dated 4-5-1999 passed by Mr. Fawad Hassan Fawad, Deputy Commissioner/Collector, Lahore District with respect to the appointment of Dr. Pervez Ahmad Khan, Additional Deputy Commissioner (General) Headquarters: Lahore to exercise powers of Revenue Officer in terms of section 42(6) of the Land Revenue Act, 1967 for the attestation of mutations against the PTDs/TOs issued by the Settlement Department for whole of the District of Lahore was also submitted which is reproduced as under:-- ORDER In the wake of incident of burning of Revenue Record during riots on 12-1-1998, numerous complaints were received regarding presentation of bogus PTDs/TOs to the revenue field staff for mutation in the Revenue Record. In order to protect the interest of the State and to avert bogus entries in the Revenue Record, all Circle Revenue Officers in the district were restrained from sanction of mutations against PTDs/TOs issued by the Settlement Department. Subsequently a Committee was also constituted vide Order NO.PA/26284, dated 7-12-1998 for the verification of such cases with the following composition: ---- (i). Additional Deputy Commissioner(G) HQs., Lahore (ii) Extra-Assistant Commissioner(Revenue), Lahore. (iii) Revenue Officer concerned. 2.In partial modification of the above order dated 7-12-1998 and in exercise of powers vested under section 14(2) and (3) of the Land Revenue Act, 1967, I Fawad Hasan Fawad, Deputy Commissioner/Collector, Lahore District do hereby appoint Dr. Pervez Ahmad Khan, Additional Deputy Commissioner (G) Headquarter, Lahore to exercise powers of Revenue Officer, in terms of section 42(6) of the Land Revenue Act for the attestation of mutations against the PTDs/TOs issued by the Settlement Department for the whole district. He will be assisted by the Assistant Commissioner (Revenue), Lahore, and Concerned Circle Revenue Officer. 3. This order shall supersede all previous instructions issued on the subject so far. (Sd.) Fawad Hasan Fawad, Deputy Commissioner/ Collector, Lahore District Endst. No.EAC(R)/10260, dated 4-5-1999. , Copy forwarded for information and further necessary action to the:---- 1. Senior Member, Board of Revenue, Punjab, Lahore. 2. Commissioner, Lahore Division, Lahore. 3. Additional Deputy Commissioner (G) HQs, City and Cantt. 4. Additional Deputy Commissioner (Consolidation), Lahore. 5. Tehsildars City and Cantt., Lahore. 6. All Circle Revenue Officers in the district. (Sd.) Fawad Hasan Fawad, Deputy Commissioner/ Collectors, Lahore District. 13. With respect to the conferment of powers of Collector upon the Assistant Commissioners in Punjab except Assistant Commissioners of Sub --Divisions in Lahore District wherein the powers of
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Collectors have been conferred on Additional Deputy Commissioner (General), Lahore City and Lahore Cantonment; Notification No. 6393-91/22185-E (F)-III, dated 1-7-1991 was issued and the same is reproduced as under being relevant thereof :- "Notification No.6399-91/22185-E(F)III, dated the Ist duly, 1991.---In exercise of the powers conferred under subsection (1) of section 16 of the Punjab Land Revenue Act, 1967 (W.F. Act XVII of 1967) and in super session of Government of the Punjab, Revenue Department's Notification No.3773-82/1908 E(F)III and No.3773--82/1910-E(F) III, dated 30-4-1982 and No.1590-89/1071-LR.IV, dated 18-6-1989, the Government of the Punjab is phased to confer all the powers of Collector under the said Act upon (a) all the Assistant Commissioners in the Punjab except Assistant Commissioners of sub- Divisions in Lahore District and (b) Additional Deputy Commissioners (General), Lahore City and Lahore Cantonment to be exercised within the area of their respective jurisdiction, subject to the general superintendgnce and control of the District Collectors concerned except the following cases which will, however, continue to be taken cognizance by District Collector:-- (i)Appeal against the orders of Assistant Collector Ist Grade in cases of partition; (ii) Correction in revenue records; (iii) Sanction for review of mutations; (iv) Suspension and remission of Land Revenue; (v) Creation of demand of Land Revenue; (vi) Appointment or removal of Headmen (Lambardars); and (vii) Allocation of Revenue Circles among Tehsildars and Naib--Tehsildars. By Order of the Governor of Punjab Secretary, Government of the Punjab, Revenue Department. No.6399-91 /22985-E(F)III. A copy is forwarded for the information and necessary action to:-- 1. All the Commissioners of Divisions in the Punjab. 2. All the Additional Commissioners (Rev.) in the Punjab. 3. Secretary (Settlements), Board of Revenue, Punjab. 4. Director Land Records, Punjab, Lahore. 5. Director Punjab Revenue Academy, 161-C; PECO Road, Township, Lahore. . 6. All the Deputy Commissioners in the Punjab. 7. Settlement Officers, D.G. Khan and Rajanpur. 8. The Managing Director, Cholistan Development Authority, Bahawalpur. 9. All the Assistant Commissioners in the Punjab. 10. The Political Assistants, D.G. Khan, Rajanpur; and 11. The Additional Deputy Commissioner (General), Lahore City and Lahore Cantt. 12. Registrar, Board of Revenue, Punjab. 13. Librarian, Board of Revenue, Punjab, Lahore. 14. Private Secretary to the Minister for Revenue, Punjab, Lahore. (Sd.) Additional Secretary, Government of the Punjab, Revenue Department. 14. During the proceedings it was brought to the notice of this Court that there are many matters pending before the District Collector/Deputy Commissioner, Lahore wherein the mutations have not been sanctioned and that the matters are first being processed with by Mr. Khushi Muhammad Nazir, Extra-Assistant Commissioner (Revenue) and it is only on his recommendation that the mutations pertaining to PTDs/TOs are being sanctioned. 15. The dispute brought before this Court is as to who is competent to sanction the mutations and as to whether the Deputy Commissioner/District Collector as well as the Additional Deputy
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Commissioner (General), Lahore Cantt. and Lahore City and the Assistant Commissioners posted in other Districts of the Province of the Punjab can interfere in the working of other Revenue Officers commonly designated as Assistant Collectors Grade-I and Assistant Collectors Grade-II i.e. Tehsildars and Naib-Tehsildars by restraining them from, sanctioning the mutations without their permission or taking up the matters at their own and in violation of the statutory law incorporated in the Land Revenue Act, 1967 and in the absence of any Notifications of the Board of Revenue, Punjab, Lahore. 16. The case of the petitioner and obviously other affected persons is that the matter is to be taken up under section 42(6) (10) of the Land Revenue Act and that on the basis of verification or re- verification of the P.T.Ds. and Transfer Orders no clog can be put on the powers of the Revenue Officers in terms of section 42(6) of the Land Revenue Act, 1967 even though the District Collector/Sub-Divisional Collectors have the supervisory control. However, the stand of the Deputy…
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