2004 MLD 1685 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD HUSSAIN VS MEMBER, BOARD OF REVENUE (COLONIES) PUNJAB, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Thal Development Authority Colonization Appeal and Revision Rules 1973--RULE , --Rr.4 & 6---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of order---Review jurisdiction of Board of Revenue---Rescinding of earlier order by Board of Revenue--¬Unauthorized possession of the petitioner had been admitted by Board of Revenue and it was decided by the Board that the proprietary rights be conferred upon the petitioner---Subsequently on the basis of second application of the respondent, the Board of Revenue rescinded its earlier order and passed an order for eviction of the petitioner from the land--¬Validity---Board of Revenue was empowered to hear an appeal only on point of law, when the order was passed by the Administrator or the Commissioner as a delegatee or otherwise or Chairman---Board had rescinded its earlier order which meant that the Board had reviewed its order and neither in Thal Development Authority Act, 1949; nor in Thal Development Authority (Colonization) (Appeals and Revision) Rules, 1973, such requirement was provided---Recalling of its earlier order by Board of Revenue tantamounts to review which was excess exercise of powers by the Authority and such like order was barred being without jurisdiction, and without lawful authority and was not maintainable--¬Order passed by' Board of Revenue was quashed in circumstances.