2017 CLC 874 PESHAWAR-HIGH-COURT

Full text

MEHBOOB ALI alias MAQBALI VS ARBAB ATHAR KHAN S. 122--- Settlement of boundaries--- Ejectment proceedings---Procedure---Petitioner was aggrieved of proceedings initiated by Revenue authorities for recovery of excess land in his possession---Validity---Rules making power, by virtue of S.122(2) of Khyber Pakhtunkhwa Land Revenue Act, 1967, was vested in the Board of Revenue which had not been exercised nor invoked by Khyber Pakhtunkhwa Board of Revenue to frame Rules for the purpose of S.122 of Khyber Pakhtunkhwa Land Revenue Act, 1967---In absence of such Rules, in Khyber Pakhtunkhwa province, laws of other Province, not adopted by any statutory instrument, could not be applied---Order passed by Revenue authorities for eviction of petitioners and handing over possession to respondents was illegal and without jurisdiction, being not backed by any law and Rules---High Court set aside the orders passed, proceedings initiated and action taken without jurisdiction, as the same was amenable to judicial review under Constitutional jurisdiction---Constitutional petition was allowed in circumstances.