Mst. AKBARI BEGUM vs MEMBER BOARD OF REVENUE, PUNJAB, LAHORE Ss — 2023 YLR 2278 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2278 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: Mst. AKBARI BEGUM vs MEMBER BOARD OF REVENUE, PUNJAB, LAHORE Ss
Subject matter: Constitutional
Provisions referred to: S. 42; Punjab 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

Mst. AKBARI BEGUM VS MEMBER BOARD OF REVENUE, PUNJAB, LAHORE Ss. 42 & 47---Constitution of Pakistan, Art. 199---Constitutional petition---Mutation of sale, setting aside of---Pendency of civil litigation---Petitioners assailed mutation on the basis of oral sale, which mutation was cancelled but Board of Revenue restored the same on the plea of pendency of civil litigation--- Validity--- In inquiry proceedings, no evidence was brought on record that any consideration was paid---Petitioners denied recording of any oral sale mutation---Respondents were brother who were trying to usurp inherited property of petitioners (sisters)---Entry of sale in alleged mutation was violation of S. 42 of Punjab Land Revenue Act, 1967---For alleged sale mutation dated 21-08-2000, mandatory fee under Ss. 47(7) & 42(10) of Punjab Land Revenue Act, 1967, was deposited in year 2009 after about nine years---Sanction of mutation on 30-06-2009 was violation of Ss.42(7) & (10) of Punjab Land Revenue Act, 1967---Board of Revenue illegally observed in its order that civil litigation was pending for which reason the mutation could not have been sanctioned---High Court set aside the order passed by Board of Revenue as the same was without jurisdiction and in violation of S. 42(10) of Punjab Land Revenue Act, 1967 and restored those of Revenue Officer and Commissioner---Constitutional petition was allowed, in circumstances.

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