2023 PLD 98 QUETTA-HIGH-COURT-BALOCHISTAN

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BANDENAWAZ (PRIVATE) LIMITED VS FEDERATION OF PAKISTAN through Deputy Director Ministry of Defence Ss. 3, 117, 135 & 172(2)(xiii)--- Land Revenue Rules, 1968, Rr. 67-A & 67-B---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Maintainability---Partition, demarcation of agricultural land and eviction of unauthorized land owner---Civil Court or Revenue Authorities, jurisdiction of---Scope---Subject of partition, demarcation and eviction of unauthorized land owner is regulated by S. 135 of Balochistan Land Revenue Act, 1967 (' the Act 1967') read with Rr. 67-A & 67-B of the Land Revenues Rules, 1968 ('the Rules 1968')---Provisions of S. 117 of the Act 1967 authorizes Revenue Officer to define the limit of any estate or any land on application of any interested person and to define limit of boundaries for ascertaining whether or not any outsider has encroached the property of the applicant and as a result such proceedings, a land owner, if found in wrongful possession of land can be evicted on an application---Rule 67-B of the Rules 1968, provides a specific procedure for seeking eviction of an encroacher---In a matter of demarcation of boundaries of agriculture land, jurisdiction of Civil Court is barred under S. 172(2)(xiii) of the Balochistan Land Revenue Act, 1967 ('the Act 1967'), but in case where a claim is laid for declaration, permanent injunction and possession of area demarcated by the Revenue Authorities and found encroached by someone, a suit must lie before Civil Court.