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Petitioner: ABDUL AZIZ VS Respondent: MEMBER (COLONIES), BOARD OF REVENUE and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: ABDUL AZIZ vs MEMBER (COLONIES), BOARD OF REVENUE and others Case No.: Civil Petitkon No,1012 of 1983 Date of Judgment:1988-08-28 Reported As: 1989 SCMR 1124(1) Result: Petition dismissed
Judgment ORDER ' SAAD SAOOD JAN, J.--There were two Ahatas bearing numbers 310 and 311 in Chak No,30/SB of Tehsil Sargodha. Ahata No,311 was allotted to the petitioner while Ahata No,310 was transferred to his wife. On appeal by respondents Nos.2 and 3, the Additional Commissioner set aside the order of the Collector and remanded the case back to him for considering whether the petitioner was at all entitled to the transfer of a separate Ahata after his wife had been given Ahata No,310. After remand the Collector transferred Ahata No,311 to respondents Nos.2 and 3. The petitioner filed an appeal before the Additional Commissioner and a revision petition before the Board of Revenue but without any success. He then invoked the Constitutional jurisdiction of the High Court to call in question the orders of the Revenue Authorities. A learned Single Judge dismissed his writ petition. He now seeks leave to appeal from this Court. 2. While dismissing the claim of the petitioner to Ahata No,311 the Additional Commisioner whose order was upheld by the Board of Revenue, found that the two Ahatas were meant for storing manure and that the Ahata allotted to the petitioner's wife was sufficient to serve the needs of both husband and wife. This is a finding of fact and the High Court was justified in not interfering with it. The petition is dismissed.
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