Citation Name: 2023 CLC 1882 PESHAWAR-HIGH-COURTBookmark this Case FAZAL HADI vs SHAH NAZAR KHAN S — 2023 CLC 1882 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 CLC 1882 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 1882 PESHAWAR-HIGH-COURTBookmark this Case FAZAL HADI vs SHAH NAZAR KHAN S
Subject matter: Constitutional
Provisions referred to: S. 137---P

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

Citation Name: 2023 CLC 1882 PESHAWAR-HIGH-COURTBookmark this Case FAZAL HADI VS SHAH NAZAR KHAN S.137---Partition proceedings---Notices to parties, non-issuance of---Effect---Petitioners sought partition of land in question but their application was dismissed by Tehsildar/Assistant Commissioner mainly on the ground that all co-owners/co-sharers were not impleaded in the application---Order of Tehsildar/Assistant Commissioner was maintained by Board of Revenue---Validity---Revenue officer on receiving application for partition was to issue notice of the application which was to be served to all recorded co-sharers who were not joined as party in the application---Along with such notice, if Revenue Officer deemed it appropriate, he could issue a proclamation order---Even if petitioners / applicants did not include any co-sharer / co-owner, it was the statutory duty of Revenue Officer to issue notice to all the persons who were recorded as co-sharers in the property under partition and to those who had not been made as party---High Court set aside order passed by the forums below and remanded the matter to Tehsildar/Assistant Commissioner to proceed with partition application as per law---Constitutional petition was allowed accordingly. Citation Name: 2023 CLC 1882 PESHAWAR-HIGH-COURTBookmark this Case FAZAL HADI VS SHAH NAZAR KHAN art. 199(1)(a)(ii)---Writ of certiorari---Scope---Writ of certiorari can be issued by High Court if orders and judgments assailed before the Court are result of improper or illegal exercise of jurisdiction.

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