2006 PLP 924 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against the order, dated 23-11-1998 whereby a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, accepted Writ Petition No.296 of 1979 filed by the respondents and set aside the orders of the revenue forums as having been passed without lawful authority and of no legal effect simply on the ground of limitation in challenging the initial consolidation scheme. Facts briefly are that the consolidation operations of the area of village Sajawal Wala, District Bahawalpur, were confirmed by the Assistant Consolidation Officer on 30-12-1968. The present petitioners filed an appeal which was dismissed by the Deputy Commissioner/ Collector, Bahawalpur, through his order, dated 27-5-1969. A revision petition against the above order was also dismissed by the Additional Commissioner (Consolidation) through his order, dated 2-12-1969. The petitioners approached the Member, Board of Revenue Punjab by filing a revision petition, who vide his order, dated 9-6-1970 accepted the same and remanded the case to the Assistant Commissioner/Collector (Consolidation) for re-adjustment of the plots between the parties after hearing them. The Assistant Commissioner/ Collector (Consolidation) upon remand took up the case and made fresh Wandajat through his order, dated 22-5-1971 after ;Leafing the parties. This order was assailed before the Additional Commissioner (Consolidation), who vide his order, dated 7-7-1971 again remanded the case to the Collector for decision afresh. This time the matter was taken up by the Additional Deputy Commissioner (Consolidation), who through a detailed order, dated 23-10-1974 made fresh Wandas. The respondents took exception to the above order through four appeals and the Additional Commissioner (Consolidation) through his order, dated 1-1-1978 dismissed The same. The respondents filed a revision petition before the Member, Board of Revenue, who dismissed the same through his order, dated 22-10-1978. Being aggrieved of the orders, dated 23-10-1974, 1-1-1978 and 22-10-1978 the respondents filed aforesaid writ petition before the Lahore High Court at Bahawalpur Bench, which has been accepted by a learned Single Judge through his order, dated 23-11-1998 simply on the ground that the present petitioners earlier filed belated appeal against the order of conferment of the consolidation without appending any application for condonation of delay, as such all the orders passed by the revenue forums were set aside as having been passed without. any lawful authority. Hence, this petition for leave to appeal. We have considered the contentions advanced by the learned counsel for the petitioners and have gone through the entire documents appended with this petition. It is reflected from the perusal thereof that the consolidation operation of the village was confirmed on 30-12-1968. The present petitioners filed appeals before the Additional Deputy Commissioner on 27-3-1969 which were transferred to the Deputy Commissioner/Collector, Bahawalpur, on 15-4-1969. It was the case of the petitioners that Parchi was given by the Patwari to them on 21-3-1969 and after obtaining the copy thereof, appeals were filed on 27-3-1969. The matter ultimately, as reflected from the preceding paragraphs, came before the Member, Board of Revenue, wherein a grievance was made that the whole consolidation operation had been conducted without providing any opportunity to the petitioners and without securing their consent. The learned Member, Board of Revenue, through his order, dated 9-6-1970 set aside all the orders of the subordinate revenue forums and remitted the case to the Assistant Consolidation Officer for decision afresh. This order of remand passed by the learned Member, Board of Revenue, was not challenged by any party and the same had attained finality. Both the parties, subsequent to the remand, approached the Assistant Consolidation Officer, who through his order, dated 22-5-1971 made certain changes in the Wandas. This order too was assailed and the Additional Commissioner (Consolidation) through his order, dated 7-7-1971 remitted the case to the Collector Bahawalpur for making fresh Wandas. It is pertinent to mention here that this order of remand too was not challenged and the same attained finality. The plea of limitation was not dilated upon nor it was agitated by the respondents before any revenue forums. The learned Single Judge without appreciating the material brought on record non-suited the present petitioners simply on the ground that their first appeal against confirmation of consolidation was barred by time. However, the plea of the learned counsel for the petitioners is otherwise as, according to him, their appeal was within time, as such no application for condonation of delay was given. The learned Single Judge of the Lahore High Court set aside the determinations of the revenue forums, as already stated, simply on the ground that the respondents took exception to the order, dated 30-12-1968 of the Assistant Consolidation Officer on 15-4-1969 without appending any application for condonation of delay. The aforestated resume demonstrates that the petitioners were non-suited on the ground of limitation which was neither taken up by the other side before any forum nor the same is substantiated from the record. The learned Single Judge set aside the determinations of the revenue forums on merits without providing any opportunity to the petitioners to substantiate their claim. Resultantly, for what has been stated above, the instant petition is converted into appeal and the same is allowed by setting aside the order, dated 23-11-1998 of the learned Single Judge of the Lahore High Court. The writ petition before the High Court would be deemed to be pending before it and would be decided on merits. However, there will be no order as to costs. S.A.K. /M-909/SC Appeal accepted.