Mst. KHALIDA BEGUM vs Mst — 2026 CLC 504 BOARD-OF-REVENUE-PUNJAB

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Mst. KHALIDA BEGUM VS Mst. MANZOORAN MAI S. 24-a---Thal Development act (XV of 1949), S. 21(2)---Speaking order, passing of---Requisites---Record revealed that the respondent in her application addressed to Deputy Commissioner prayed for correction of mutation of her predecessor-in-interest which was passed in the year 1941; later on, she filed a constitutional petition before the Lahore High Court where her request was limited to disposal of her application pending before the Deputy Commissioner for determination of right of return under slab system of her predecessor-in-interest under S.21(2) of Thal Development act, 1949 and the order of the High Court contained no specific direction for correction of record and merely directed to dispose of the pending application of respondent through a speaking order after hearing all the concerned---But the additional Deputy Commissioner (Revenue) did not pass a speaking order in compliance of the direction of the High Court nor heard all the concerned parties, which vitiated the impugned order with legal infirmities---additional Commissioner (Coordination) while conceding to the fact that the matter was of determination of correct right of return of the predecessor-in-interest of the respondent accepted the appeal without seeking any possession report or hearing the concerned parties or requisitioning the record, by again passing a vague and conditional order, which did not fulfill the requirements of S.24-a of General Clauses, 1897 and was liable to be set aside---Where procedure has been provided for doing a thing in a particular manner then the same should be done in the prescribed manner or not at all---Member-Board of Revenue set-aside the impugned orders passed by the Revenue authorities declaring the same to be without lawful authority, void ab- initio, of no legal effect; consequently, any action taken pursuant to the impugned orders in the revenue record stood annulled forthwith---Revenue Revisions were allowed accordingly.

Mst. KHALIDA BEGUM vs Mst — 2026 CLC 504 BOARD-OF-REVENUE-PUNJAB

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