1996SCMR1381 (PLP)

ZIA MAHMOOD MIRZA, J.

Petitioner seeks leave to appeal against the judgment of Lahore High Court dated 20-2-1995, whereby writ petition filed by respondent No. l has been allowed, and order of the learned Member, Board of Revenue dated 20-1-1-1976 reviewing an earlier order of his predecessor dated 12-11-1966 has been declared to be illegal and void on the short ground that section 5 of the Limitation Act not being applicable to the special law viz. West Pakistan Board of Revenue Act, 1957, the Member, Board of Revenue had no power to condone the delay in filing the review petition.

2. Learned counsel for the petitioner has drawn our attention to the order of the Member, Board of Revenue dated 12-11-1966 passed in revision in a consolidation matter and pointed out that it was noted therein that Mst. Hajran the predecessor of the present petitioner: was not present and in an ex pane decision, two Killas Nos. 1.2 and 13 of square No.43 were taken away from her and her holding was consolidated is Sq. No.30. The learned Member passing the order, however, directed the Collector to explain the position to Mst. Hajran, get her statement recorded and a copy of the order be also served on her. The learned Member further observed in the order dated 12-11-1966. "As she is a widow, I will be prepared to hear her in review by the simple production of this copy with a review application, if she has any thing to urge against it". It is submitted by the learned counsel that the Collector never recorded the statement of Mst. Hajran nor explained the decision of the learned Member, Board of Revenue dated 12-11-1966 to her and copy of the said order was also not served on her with the result that she remained unaware of the order of the Member, Board of Revenue dated 12-11-1966. She came to know of it only in the year 1976 and then she moved a petition for review. The learned Member hearing the review petition obtained a report from Assistant Commissioner/Collector whether copy of the order sought to be reviewed was sent to the petitioner and whether her statement was recorded as directed in the order dated 12-11-1966. The A.C./Collector reported that Mst. Hajran was not aware of the order dated 12-11-1966, her statement was recorded on 13-11-1975 wherein she deposed that the land given to her by the Member, Board of Revenue was not acceptable to her. Taking note of these facts, the learned Member (Mr. M. Aslam Avais) condoned the delay in filing the review application-and proceeded to hold on merits that the order dated 12-11-1966 was not in the interest of Mst. Hajran as her holding which was consolidated at one place in original Scheme of Consolidation was divided into two plots. It was also observed that there was no, justification for allotting Killa Nos. 12 and 13 of Sq. No.43 to the respondent Abdul Aziz as these Killas were situate at considerable distance from his other two plots. Note was also taken of the fact that the said Killas were still in possession of Mst. Hajran. For all these reasons, review petition was accepted vide order dated 20-11-1976 and the two Killas aforementioned were allowed to remain with Mst. Hajran. The order passed on review, as stated above, has been set aside by the learned Judge in the High Court on the ground aforementioned.

3. Learned counsel has argued that the order of the Member, Board of Revenue dated 12-11-1966 having been passed ex parte against Mst. Hajran and the learned Member passing that order having left it open to review at the instance of Mst. Hajran if she had any grievance against it, there was no question of limitation involved in the review petition filed by Mst. Hajran, According to learned counsel, it was not a case of review under West Pakistan Board of Revenue Act. In the submission of the learned counsel; Mst. Hajran had filed the review petition pursuant to and in terms of the order of 'the learned Member dated 12-11-1966. Reference to sections 5 and 29 of the Limitation Act was, therefore, wholly uncalled for.

4. In order to examine the contentions of the learned counsel, leave to appeal is granted. Interim status quo order issued by this Court on 11-4-1995 shall continue pending the final disposal of the appeal. A.A./H-250/S ???????????????????????????????????????????????????????????? Leave granted