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Mian SHEHZADA JAN vs MUHAMMAD ISRAR Ss — 2022 PLD 147 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 147 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
Mian SHEHZADA JAN vs MUHAMMAD ISRAR Ss
Subject matter
Constitutional
Provisions referred to
S. 117; S. 172; 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

Mian SHEHZADA JAN VS MUHAMMAD ISRAR Ss. 117 & 172---Demarcation of boundaries---Civil Court, jurisdiction of---Revenue record, non-preparation of---Effect---Petitioners sought demarcation of boundaries between two villages---Revenue authorities declined to demarcate boundaries as there was dispute of title and revenue record was not prepared---Validity---In the districts where revenue record was not prepared and maintained, a revenue officer had no jurisdiction to entertain applications for demarcation of boundaries of estate under S. 117 of Khyber Pakhtunkhwa Land Revenue Act, 1967---Bar of jurisdiction contained in S. 172 (2)(xx) and (xxi) of Khyber Pakhtunkhwa Land Revenue Act, 1967, was not operative against a Civil Court entertaining any suit for such purpose---Lower Appellate Court rightly set aside order of Revenue Officer as land in dispute could not be categorized as an estate, or holding or part of holding, therefore, provisions contained in Chapter X of Khyber Pakhtunkhwa Land Revenue Act, 1967, could not be applied and revenue officer had no jurisdiction to entertain application for demarcation under S. 117 of Khyber Pakhtunkhwa Land Revenue Act, 1967---High Court in exercise of Constitutional jurisdiction declined to interfere in orders passed by Lower Appellate Court, as there was no illegality or material irregularity in the judgment---Constitutional petition was dismissed, in circumstances. Head Notes

Other judgments reported in 2022 PLD

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