2001 PLP 471 (CLC)

6. The perusal of the abovementioned memorandum and noting thereon shows that it was a directive of absolute nature which received a Top Priority from the official concerned, it was followed and the matter was processed within days. The perusal of the record which had been kept in sealed cover by the Deputy Registrar (Judicial) of this Court and has been opened today in the Court shows that Form "A" and Form "B" were filled and completed soon after the memorandum dated 10‑3‑1990. The order passed by the Board of Revenue on 21‑4‑1990 for reconsolidation of these villages which is as under:‑‑ "No.1217‑90/653‑CH(P)I, Board of Revenue, Punjab, Lahore. Dated 21‑4‑1990 From The Board of Revenue, Punjab, Lahore. To The Additional Commissioner (Consolidation), Bahawalpur Division, Bahawalpur. Subject: Permission for reconsolidation of Mauza Nuroo Arain, Tehsil and District Bahawalpur. Reference: Your memo. No.Acc/4‑94/238, dated 8‑4‑1990 on the above subject. Mr. Hafeezullah Ishaq, Member (Consolidation) Board of Revenue, Punjab. Memorandum The proposal, received with your memo. under reference, has been considered in the Board of Revenue, Punjab. In the light of Board of Revenue, Punjab, decision conveyed vide this office memo. No.227‑86/291‑CH(P)I, dated 4‑3‑1990, the Member (Consolidation), Board of Revenue, Punjab is pleased to grant permission for the reconsolidation of Mauza Nuroo Arain, Tehsil and District Bahawalpur, under the Punjab Consolidation of Holdings Ordinance, 1960. (Sd.) for Secretary (Consolidation). Board of Revenue, Punjab. No. 1217‑90/654‑CH(P)I. A copy is forwarded to the Additional Deputy Commissioner, (Consolidation), Bahawalpur for information and necessary action. (Sd.) for Secretary (Consolidation), Board of Revenue, Punjab. No.ADC/Cons./6‑41/665 dated 22‑4‑1990 Copy forwarded to the Consolidation Officer, Bahawalpur for necessary action and compliance under intimation to this office. He should take over charge from the Revenue Department immediately. Proposal for the posting of experienced, hardworking and honest staff (Kanungo and Patwari) should be submitted for approval. Additional Deputy Commissioner (Consolidation), Bahawalpur. No.ADC/Cons./6‑41 dated Copy forwarded to Tehsildar, Bahawalpur with the direction that he should hand over the record of Mauza Nuroo Arain, to the Consolidation staff without any delay. Additional Deputy Commissioner (Consolidation), . Bahawalpur. No.ADC/Cons./6‑41/ Dated 22‑4‑1990 A copy is forwarded for information to‑‑ (1) The Secretary, (Consolidation) Board of Revenue, Punjab, Lahore. (2) The Additional Commissioner (Consolidation), Bahawalpur Division, Bahawalpur. (3) The Deputy Commissioner, Bahawalpur. (4) The Assistant Commissioner, Bahawalpur. Additional Deputy Commissioner (Consolidation), Bahawalpur. "

7. It is, thus, evident as to how the reconsolidation, process commenced, it was processed and sanctioned. It is also evident that it was on the directive of the Chief Minister's Secretariat that reconsolidation was taken in hand. It was not an independent exercise of power vested or jurisdiction existing in the statutory functionaries. Such an exercise of power came to be considered in certain judicial precedents. In Bashir Ahmad and others v. Malik Jehangir Khan Member (Consolidation), Board of Revenue and others 1992 MLD 1566, interference in the consolidation matter by the Minister for Consolidation was not approved by this Court and it was held 8 that "the statutory functionaries alone are competent to pass order in respect of consolidation schemes under the Ordinance. The Minister for Consolidation has not been conferred with any authority in regard thereto in C any manner whatsoever and he cannot be permitted to interfere either directly or indirectly in judicial/quasi judicial proceedings finalized by the competent authorities under the Ordinance. This tantamounts to invasion into the field reserved for the statutory functionaries under the Ordinance. It also violate: the Constitutional right of the petitioners to be treated in accordance with la'% and to demand obedience to the Constitution and the law by respondent No. l including the Minister. Clearly cognizance of the miscellaneous application by the Minister in respect of judicial/quasi judicial matter duly finalized b3 the Board of Revenue was void, ab initio". Similar view had been taken b3 the Honourable Supreme Court in Ahmad Khan v. Member (Consolidation) Board of Revenue Punjab, Lahore and others PLD 1990 SC 1070 and Ghulam Rasul v. Mahmood Ahmad and 42 others 1992 SCMR 136.

8. This being the legal position that even a Minister for Consolidation could not have interfered with the statutory and judicial functions of the authorities empowered to perform, the Chief Minister's Secretariat finds no where any mention in the Ordinance and thus, had no lawful authority to issue such a directive, as a result whereof the statutory functionaries tool upto the matter for reconsolidation of these two villages. Thus, all steps and proceedings taken in pursuance and dictates of memorandum, dates 10‑3‑1990 cannot be regarded as a fair and independent exercise of statutory powers by the functionaries and have to be declared as illegal. It ma) however, be open for the parties, landowners of the villages to apply for consolidation in accordance with law which shall be processed by the statutory functionaries in a just and fair manner uninfluenced by an) extraneous interference or pressure. As a result of the above, this petition is accepted with the above observation. No order as to costs. Q.M.H./M.A.K./A‑155/L Petition allowed