MAQBOOL ISLAM MUHAMMAD vs ASSISTANT COMMISISNER, BANDA DAUD SHAH, KARAR Ss — 2021 CLC 1661 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1661 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: MAQBOOL ISLAM MUHAMMAD vs ASSISTANT COMMISISNER, BANDA DAUD SHAH, KARAR Ss
Subject matter: Civil
Provisions referred to: S. 52---C; S. 52; Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967); Civil Procedure Code (V of 1908); Khyber Pakhtunkhwa Land Revenue Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MAQBOOL ISLAM MUHAMMAD VS ASSISTANT COMMISISNER, BANDA DAUD SHAH, KARAR Ss.3 & 12---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S.52---Civil Procedure Code (V of 1908), XLVII, R.1---Revenue record---Presumption---Proceedings were initiated against petitioner for encroaching upon Shamlat land (community land) of village---Petitioner sought review of judgment passed by High Court dismissing his Constitutional petition against order passed by authorities--- Plea raised by petitioner was that land in question was private land and could not be termed as thoroughfare---Validity---Presumption of truth was attached to entries of revenue papers in accordance with S.52 of Khyber Pakhtunkhwa Land Revenue Act, 1967, though it was rebuttable---Entries in revenue papers were never challenged before appropriate forum nor were questioned before Tribunal and not even before High Court---High Court declined to interfere in the matter as points raised in Constitutional petition were properly decided in the judgment---Review petition was dismissed, in circumstances.

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