2005 PLP 919 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against the judgment, dated 25-11-1999 of the learned Single Judge of the Lahore High Court, Lahore, whereby Writ Petition No.1334 of 1979 filed by the petitioners was dismissed. The facts briefly narrated are that Consolidation proceedings of Village Rukan, District Mandi Bahauddin, commenced in the year 1973. The request of the respondents for partitioning of joint Khata was declined by the Assistant Consolidation Officer. However, on an appeal filed by the respondents, the same was allowed by the Additional Deputy Commissioner through his order, dated 25-1-1974 who remanded the matter. Against this order, the petitioners filed appeal before the Additional Commissioner who accepted the same. The respondents challenged this matter before the Member, Board of Revenue, Punjab, who through his order, dated 29-1-1977 accepted the revision petition holding that there was no legal bar for the partitioning of joint Khata and remitted the matter to the Additional Commissioner (Consolidation) for decision afresh. After remand the appeal was, accordingly, disposed of through an order dated 27-4-1978, which order was assailed before the Member, Board of Revenue Punjab, who dismissed the same through his order dated 14-11-1978. Thereafter, they filed the aforesaid writ petition before the Lahore High Court, Lahore, which has been dismissed by the learned Single Judge vide his judgment, dated 25-11-1999, impugned herein. Hence, this petition for leave to appeal. Learned counsel for the petitioners has argued that the partitioning of joint Khata could not have been effected as the law prevalent at the time of commencement of the consolidation proceedings did not allow the same and further amendment made in the law would not be attracted to the present proceedings. We have considered the above contentions raised by the learned counsel and have gone through the documents appended with this petition. It is reflected from the perusal thereof that the learned Member of the Board of Revenue through his order, dated 29-1-1977 allowed the partitioning of joint Khata as, according to him, there was no legal embargo upon the same. It would be appropriate to reproduce his determination in this regard, which is in the following terms:-- "

7. In the present case the petitioner's share on partition of the Khata will come to 53 acres (424) Kanals, that is to say it will remain above the level of an economic holding and the respondent's share will be 25 acres and 1 Kanal and will thus, be more than the area of a subsistence holding. Partitioning of the Khata will not, therefore, be hit by the provisions of sub-para. (4) of para.22 of M.L.R. 115.' The petitioners never assailed this order and participated in the consolidation proceedings. The order of the learned Member, Board of Revenue, had attained finality and the petitioners in the circumstances cannot turn round and take objection to the partitioning of the Khata, particularly so when this matter is lingering on for the last more than three decades. Learned counsel has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference by this Court. Resultantly, for what has been stated above, the present petition being devoid of any merit and force is hereby dismissed and leave refused. M.H./R-69/S Petition dismissed.