Demarcation of boundaries

In the districts where revenue record was not prepared and maintained, a revenue officer had no jurisdiction to entertain applications for demarcation of boundaries of estate under S. 117 of Khyber Pakhtunkhwa Land Revenue Act, 1967

Bar of jurisdiction contained in S. 172 (2)(xx) and (xxi) of Khyber Pakhtunkhwa Land Revenue Act, 1967, was not operative against a Civil Court entertaining any suit for such purpose

Lower Appellate Court rightly set aside order of Revenue Officer as land in dispute could not be categorized as an estate, or holding or part of holding, therefore, provisions contained in Chapter X of Khyber Pakhtunkhwa Land Revenue Act, 1967, could not be applied and revenue officer had no jurisdiction to entertain application for demarcation under S. 117 of Khyber Pakhtunkhwa Land Revenue Act, 1967

High Court in exercise of Constitutional jurisdiction declined to interfere in orders passed by Lower Appellate Court, as there was no illegality or material irregularity in the judgment

Constitutional petition was dismissed, in circumstances.

Demarcation done by Revenue Officer himself or by a competent subordinate staff (i.e. Patwari or Qanungo) deputed by him would be valid

Demarcation report of such subordinate staff would be final, if approved and signed by Revenue Officer after hearing parties and applying his mind

Demarcation report submitted by Patwari on orders of Assistant Collector Grade-II, without being approved by him, would not be reliable

Principles.