| Case ID |
38a20de7-eb34-490c-96dd-a2832e7eb0db |
| Body |
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| Case Number |
W.P. No. 405-M of 2013 |
| Decision Date |
Nov 19, 2015 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition, ruling that the Member Board of Revenue's order was well-reasoned and lawful. The court noted that, despite a private partition of the property by the parties involved, disputes persisted, necessitating an official partition to resolve ongoing controversies. The petitioners' claims of prior partition were rejected, as the court found that the area had not undergone a formal settlement. The Revenue Officer was directed to conduct the partition according to legal provisions, emphasizing that no legal barriers hindered this process. |
| Summary |
In the case of W.P. No. 405-M of 2013, the Peshawar High Court addressed the complexities surrounding the partition of landed property under the Khyber Pakhtunkhwa Land Revenue Act, specifically Section 135. This case involved a dispute between the petitioners, SHALIAR AND OTHERS, and the respondents, SAID RAZIQ AND OTHERS, regarding the validity of a private partition already executed between the parties. The court found that the previous private partition did not resolve the ongoing disputes, leading to the necessity for an official partition by a Revenue Officer. The court's decision underscored the importance of following legal procedures in property disputes to prevent future complications. The ruling highlighted that the Revenue Officer was mandated to ensure that the partition was conducted in accordance with the law, thereby reinforcing the need for formal resolutions in property matters. The court's dismissal of the petitioners' claims and the directive for official partition reflect the judicial emphasis on legal compliance and the resolution of disputes through proper channels. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD DAUD KHAN,
HAIDER ALI KHAN
|
| Lawyers |
Malak Ahmad Jan for Petitioners,
Nemo for Respondents
|
| Petitioners |
SHALIAR AND OTHERS
|
| Respondents |
SAID RAZIQ AND OTHERS
|
| Citations |
2017 SLD 1994,
2017 MLD 490
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Land Revenue Act
|
| Sections |
135
|