2019 CLC 1405 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ARIF VS MEMBER, BOARD OF REVENUE PUNJAB LAHORE Ss. 117, 175 & 3---Power of Revenue Officer to define boundaries---Prevention of encroachment upon common lands---Exclusion of land occupied as site of a town or village from operation of Punjab Land Revenue Act, 1967---Scope---Respondent filed application for demarcation of public thoroughfare, which was carried out and ultimately petitioner and respondent were found encroachers---Petitioner's appeal before Collector was allowed, revision petition filed by respondent against said order was allowed by Additional Commissioner and review filed against the same was dismissed by Member, Board of Revenue---Plea of petitioner was that residential building had been built on the spot since long and as such demarcation proceedings fell outside the jurisdiction of revenue authorities---Validity---Section 175, Punjab Land Revenue Act, 1967 provided procedure for eviction of an encroacher over the land reserved for common purposes irrespective of the fact that a building had been erected thereupon---Petitioner had never mentioned that either he was co-sharer in the subject khasra or he had not raised construction over the same---Demarcation report unfolded that the Revenue Officer in presence of parties as well as other notables started the proceedings to define the limits of khasra when son of petitioner being sure that his encroachment would be highlighted slipped away from the scene---Petitioner had no right or interest with the land of public thoroughfare and could not be allowed to remain in its possession, which was meant for common use of the public---Petitioner could not point out any infirmity or perversity in the impugned orders, which were neither coram non judice nor ultra vires---Constitutional petition was dismissed with costs.