BEFORE THE SENIOR MEMBER.

BOARD OF REVENUE, PUNJAB. LAHORE.

R.O.R No._____________/2015
1.
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Nazim Ali Shah

Kazim Ali Shah
Asim Ali Shah
Qasim Ali Shah
Shakeela Safdar
Toshiba Sadfar
Nabila Safdar
All sons and daughters of Safdar Ali Shah, residents of Hailan,
Tehsil Phalia, District Mandi Bahaudin.
VERSUS

.PETITIONERS

Shamim Akhtar daughter of Aziz Ahmed wife of Arshad Mehmood Hashmi,

resident of Wah Cantt., Tehsil Taxila, District Rawalpindi and others

Respondents
REVISION PETITION UNDER SECTION 164 LAND REVENUE ACT 1967
AGAINST THE IMPUGNED ORDER DATED 17.04.2012 PASSED BY THE
LEARNED TEHSILDAR PHALIA, DISTRICT MANDI BAHAUDIN.
ORDER DATED 19.09.2013 PASSED BY THE LEARNED ADDL.
DISTRICT COLLECTOR. MANDI BAHAUDIN & ORDER DATED
20.08.2015 PASSED BY LEARNED ADDITIONAL COMMISSIONER
REVENUE. GUJRANWALA DIVISION. CAMP AT MANDI BAHAUDIN.
Respectfully Shewetli:1.

That the petitioner is filing this revision petition against the

impugned orders. That facts of the case are as under:-

FACTS:

Briefly stated the facts of this revision petition are that the
respondents applied for partition of land comprising of Khewat
No.396, 397, 398, 399, 403, 404 according to Jamabandi year
2000-2001 situated at Mauza Hailan, Tehsil Phalia, District
Mandi Bahaudin, wherein the learned Tehsildar Phalia, District
Mandi Bahaudin accepted the said application and passed an
order suggesting the scheme of partition in a disputed manner,
which was causing huge loss to the petitioner and against their
interests vide impugned order dated 17.04.2012. Copy of
application for partition and impugned order is attached herewith
as ANNEXURE-A&B.
That feeling aggrieved by the order of Tehsildar, the petitioners
preferred an appeal before the learned Additional District
Collector, Mandi Bahaudin, which was dismissed by him vide
impugned order dated 19.09.2013. Copy of appeal and impugned
order dated 19.09.2013 are attached herewith as ANNEXZJRE-B
&B/1.

That the petitioners filed a revision against the order of learned

ADC

Mandi

Bahaudin

before

the

learned

Additional

Commissioner, Gujranwala, Camp at Mandi Bahaudin, which

was also dismissed in a mechanical way vide impugned order
dated 20.08.2015. Copy of appeal and impugned order dated
20.08.2015 are attached herewith as ANNEXXJBE-C & C / l .
That the impugned orders dated 17.04.2012, 19.09.2013 &
20.08.2015 passed by the learned lower courts below are illegal,
unlawful and the same are liable to be set aside and reversed inter
alia on the following:GROUNDS

That the learned lower courts below are against the law and facts

of the case and not sustainable in the eye of law.

b)

That the impugned orders of the learned lower courts below

are illegal, unlawful and inoperative qua the rights of the

petitioners and the same are liable to be set aside and reversed.
c)

That while passing the orders of partition, the learned lower

courts below have deprived the petitioners from their valuable

right and their partition procedure is unjustifiable, non
transparent and not in accordance with the actual rights of the
parties, as the petitioners were not given share from the piece of
land which was precious and more valuable in a jaundiced
manner, whereas the land given to the petitioners is defective
and substandard having lesser value, which speaks volume
against the wrong partition and requires interference by this
Honourable Court for repartition of the land. More particularly,
there are two streets in front of the Dera of the petitioner which
lead towards the disputed land at District Mandi Bahaudin Road,
whereby the front land was handed over to the respondents,
whereas backside of land was cast in favour of the petitioners
which has no passage to come for, which can be shown to this
honorable court through photographs of the spot, however,
another deliberate anomaly can be ascertained from the fact that
in the scheme of partition, the land situated at Dinga Road was
handed over to the respondents, where they were already
occupied, so in existence of that land, it is apogee of injustice to
claim further land situated at District Road.
d)

That the real purpose for partition of land is to avoid any

disputes qua the land but due to unjustifiable and improper

partition of land, this apprehension has been increased to
maximum level but the learned lower courts below have ignored
this aspect of the case while passing impugned orders.
e)

That the learned lower courts below have not applies their

judicious mind while passing the impugned orders, hence the

same are liable to be set aside.

f)

That all the orders passed by the learned lower courts below have
been passed in a mechanical way.

g)

That the learned lower courts below have committed material

illegality and irregularity while passing the impugned orders and
the same may be result of misreading and non reading of record.
PRAYER
Under the above submissions, it is most respectfully prayed that

THE IMPUGNED ORDER DATED 17.04.2012 PASSED BY THE LEARNED

TEHSILDAR PH A LI A. DISTRICT MANDI BAHAUDIN, ORDER DATED
19.09.2013 PASSED BY THE LEARNED ADDL. DISTRICT COLLECTOR.
MANDI BAHAUDIN & ORDER DATED 20.08.2015 PASSED BY
LEARNED ADDITIONAL COMMISSIONER REVENUE. GUJRANWALA
DIVISION. CAMP AT MANDI BAHAUDIN and the repartition of the land of
the petitioners be conducted as per respective shares in a equitable manner
admissible and non-detrimental to the interests of the parties in accordance with
law, to meet the ends of justice.
Any other relief which this honourable court deemed fit and
proper may kindly be granted.

.
PETITIONER

Through
1

20949

MUBASHAR
Advocate High Court
CC No.
PBH
3^-Hajveri Complex, 2Mozang Road, Lahore.

CERTIFICATE:
As per instructions, It is 1st petition filed by the petitioner in this Honble
Court.

ADVOCATE