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Petitioner: Mst. ALLAH RAKHI And ANOTHER VS Respondent: ISMAIL
Court Name: Board of Revenue Judge(s): Syed Sarfraz Hussain Title: Mst. ALLAH RAKHI And ANOTHER vs ISMAIL Case No.: R.O.R. No.399 of 1987 Date of Judgment:1988-08-16 Reported As: 1989 CLC 446 Result: Order accordingly
Judgment ORDER This is a revision petition filed under section 13 of the Consolidation of Holdings Ordinance, 1960 against the order dated 20-7-1986 of the Additional Commissioner (Cons.) Lahore whereby case was remanded to the Collector (Cons.). 2. I have heard the parties. Learned counsel for the petitioners has contended that the appeal of the respondent before the Collector (Cons.) was time-barred by more than 19 years and it was rightly dismissed on that score. But the Additional Commissioner (Cons.), without any lawful authority condoned that inordinate delay and remanded the case to the Collector (Cons.) with certain definite instructions /observations. By that way the Additional Commissioner (Cons) has tied the hands of the Collector and he cannot exercise his independent mind to the facts of the case. 3. Learned counsel for the respondent has stated that Khasra Vo.58/4/1 was previously owned and possessed by him but in consolidation operation the "Taraf" of this number was wrongly changed and he was deprived of his Dera. Since the confirmation order was void, therefore, bar of limitation will not run against that order. Hence the Additional Commissioner (Cons.) has rightly remanded the case for fresh decision. No injustice was done to the petitioners and the impugned order calls for no interference. 4.I have considered the arguments advanced by both the parties and have carefully perused the impugned order. The impugned order to the extent of remanding the case for fresh decision on merits by the A.D.C/Collector (Cons.) is maintained with the direction that he A will not be bound in any manner or to be dictated by the observations of the learned Additional Commissioner (Cons.).
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He shall decide the case on merits in the light of the facts and exercising his own independent judgment. With this observation the revision is disposed of.