P L D 1959 W (PLP)
HAYAT ULLAH KHAN‑Petitioner Versus Malak ZAMAN KHAN‑Respondent
| Citation | P L D 1959 W (PLP) |
| Forum / Court | |
| Bench Members | A. K. Malik, Member, Board of Revenue, West Pakistan |
| Parties | HAYAT ULLAH KHAN‑Petitioner Versus Malak ZAMAN KHAN‑Respondent |
Q1: What are the key laws and sections cited in P L D 1959 W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1959 W (PLP)?
The case was heard and decided by the bench comprising: A. K. Malik, Member, Board of Revenue, West Pakistan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1959 W (PLP) (HAYAT ULLAH KHAN‑Petitioner Versus Malak ZAMAN KHAN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Ishaq Khan for Petitioner
- Muhammad Nawaz Khan for Respondent.
Headnotes / Summary
West Pakistan Board of Revenue Act (XI of 1957), S. 5 (3), read with S. 5 (3) of West Pakistan Ordinances I of 1955 and XII of 1956‑Appeal pending before Additional Commissioner (Revenue) Peshawar and D. Z Khan Divisions on 14‑10‑1955 --Should be treated to have been transferred to Board of Revenue --Order passed by Additional Commissioner (Revenue) after 14‑10 -1955 is void:
Judgment & Decree
Muhammad Ishaq Khan for Petitioner Muhammad Nawaz Khan for Respondent. This is a revision petition against the order of the Addi tional Commissioner (Revenue), Peshawar and D. I. Khan Divisions, dated 11‑11‑56, reversing the order of the Collector Tank, whereby the petitioner's suit under section 43 of the Minor Canals Act for a declaration that he was entitled to irrigate his land, situated in village Kot Kat by constructing gatti in the bed of R` Takwara was decreed. I have heard the petitioner with Mr. Muhammad Ishaq Khan Advocate and the respondent with Mr. Muhammad Nawaz Khan Advocate. In this case an appeal was filed against the order of the Collector. Tank in the Court of the former Divisional and Revenue Commissioner, North West Frontier Province on 23‑10‑1953. At the time of integration of West Pakistan this appeal was still pending. According to section 5 (3) of the West Pakistan Board of Revenue Act, 1957 which came into force from the 14th day of October 1955, all proceedings which were pending before the final or appellate authority of any province, State or other territory or area, which were later included in the Province of West Pakistan, were to stand transferred to the Board. This was not done in the case of these proceedings and the Additional Commissioner (Revenue) Peshawar and D. I. Khan Divisions proceeded to pass orders on the appeal. It is clear that he had no jurisdiction to do so in case of appeals and revisions, pending with the Divisional and Revenue Commissioner on 14th October 1955 The decree passed by the Additional Commissioner (Revenue) in favour of, the respondents, therefore, void and of no effect. In these circumstances I set aside the order passed and remand the appeal to the Additional Commissioner, D. I. Khan Division for fresh) hearing and orders. The parties have been directed to appear before the Additional Commissioner, D. I. Khan on 2‑11‑1957. K. M. A. Case remanded.