P L D 1960 W (PLP)
GHULAM HAIDER KHAN‑Appellant Versus MUHAMMAD ALI KHAN and others‑Respondents
| Citation | P L D 1960 W (PLP) |
| Forum / Court | Punjab Land Revenue Act (XVII of 1887), S. 15 (1) (a)‑Order giving sanction to review an order‑Not appeal able : 3 P R 1912 (Rev.) ref. |
| Bench Members | M. W. Abbasi, Member Board of Revenue, |
| Parties | GHULAM HAIDER KHAN‑Appellant Versus MUHAMMAD ALI KHAN and others‑Respondents |
Q1: What are the key laws and sections cited in P L D 1960 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 1960 W (PLP)?
The case was heard and decided by the Punjab Land Revenue Act (XVII of 1887), S. 15 (1) (a)‑Order giving sanction to review an order‑Not appeal able : 3 P R 1912 (Rev.) ref. bench comprising: M. W. Abbasi, Member Board of Revenue,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1960 W (PLP) (GHULAM HAIDER KHAN‑Appellant Versus MUHAMMAD ALI KHAN and others‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Punjab Land Revenue Act (XVII of 1887), S. 15 (1) (a)‑Order giving sanction to review an order‑Not appeal able : [3 P R 1912 (Rev.) ref.]
Judgment & Decree
Punjab Land Revenue Act (XVII of 1887), S. 15 (1) (a)‑Order giving sanction to review an order‑Not appeal able : [3 P R 1912 (Rev.) ref.] This purports to be a second appeal against an order of Additional Commissioner, Dera Ismail Khan passed in a partition case relating to village Sheikhani, Tehsil Bhakar.
2. The partition was sanctioned by an Assistant Collector 1st grade on 17‑12‑1956. The petitioner, however, applied to the Collector for review of this order. The Collector asked for the Assistant Collector's report; the Assistant Collector recommended the application and the Collector granted permission to the Assistant Collector to review his order of 17‑12‑1956. Respondent Mohammad Ali Khan took the matter up to the Additional Commissioner in appeal, and the Additional Commissioner set aside the order of the Collector, revolting the permission given by him for review of the Assistant Collector's order.
3. The application before the Collector was an application for review; and his order was quite clearly an order under section 15 (1) of the Land Revenue Act. But an order under a section 15 (1) is an interlocutory order which is not appeal able on the very good ground that the party affected by it has right to challenge the final order in appeal. In fact, 3 P R 1912 (Rev.) A wherein it was laid down that sanction to review given under section 15 (1) is not "an order" for purposes of appeal, is on ail fours with this case.
4. It would not be appropriate for me to go further into the facts of the case as this might have the effect of prejudging the review proceedings; but I have no doubt that the Additional Commissioner was not correct in entertaining the appeal; and his order must be treated as incompetent and void.
5. The result is that I set aside the Additional Commissioner's order and restore the sanction granted by the Collector to review the Assistant Collector's order of 17‑12‑1956. A. H. Order set aside.