Jurisdiction of Revenue Authorities in Partition
CIVIL LAWPARTITIONBOARD OF REVENUE
In Writ Petition No. 59198 of 2024, the Lahore High Court addressed the petitioners' challenge to the decision of the Member (Judicial-II), Board of Revenue, Punjab, which dismissed their review petition concerning partition proceedings of agricultural land. The Court upheld the orders of the revenue authorities, emphasizing that the Revenue Officer has jurisdiction under Section 135-A of the Punjab Land Revenue Act, 1967, to initiate partition proceedings without awaiting an application from the co-owners. The Court dismissed the petition for being devoid of merit, directing the Revenue Officer to proceed with the partition expeditiously and in accordance with the law.
Background:
The petitioners challenged the validity of an order passed by the Member (Judicial-II), Board of Revenue, Punjab, which dismissed their review petition regarding the partition of joint agricultural land in Kasur. The dispute involved applications for the partition of 213 Kanals and 169 Kanals of land. The proceedings were initially adjourned sine die due to the pendency of a civil suit. However, the respondent, Muhammad Imtiaz, filed a review application, which was accepted by the Additional Deputy Commissioner (Revenue), Kasur, who directed the Naib Tehsildar to decide the applications within one month.
The petitioners unsuccessfully challenged these orders before the Additional Commissioner and Member (Judicial-II), Board of Revenue. Their review petition was dismissed due to a lack of sufficient grounds, leading them to file the present writ petition.
Key Issues:
Jurisdiction of Revenue Authorities in Partition Proceedings: Whether the revenue authorities have jurisdiction to proceed with the partition of agricultural land under the Punjab Land Revenue Act, 1967, despite the pendency of a civil suit.
Private Settlements Between Co-owners: Whether the petitioners' claim of a private settlement regarding the partition of land negated the jurisdiction of the Revenue Officer.
Effect of Delay Tactics in Partition Matters: Whether the petitioners were attempting to delay the partition proceedings on frivolous grounds.
Court's Analysis:
Jurisdiction of Revenue Authorities: The Court affirmed the jurisdiction of the Revenue Officer under Section 135-A of the Punjab Land Revenue Act, 1967, to proceed with partition proceedings without an application from the co-owners, especially in cases involving inheritance. The law mandates that the Revenue Officer initiate partition proceedings once the inheritance mutation has been sanctioned. The Court rejected the petitioners' argument that the pendency of a civil suit barred the revenue authorities from adjudicating the matter, citing the powers of the Revenue Officer under Section 141 to inquire into questions of title during partition proceedings.
Private Settlements: The petitioners contended that a private settlement had already been reached among the co-owners. However, the Court noted that the existence of a private settlement did not divest the Revenue Officer of his jurisdiction to adjudicate the partition matter. The Revenue Officer is competent to assess the substance of such claims and proceed with the partition if no valid settlement is proven.
Delay Tactics: The Court observed that the petitioners had engaged in tactics to delay the partition proceedings, a practice disapproved of by the Supreme Court in Syed Ghazanfar Ali Shah v. Hassan Bokhari (2024 SCMR 154). The Court emphasized that the partition of agricultural land must not be unnecessarily delayed and directed the Revenue Officer to expedite the proceedings.
Court's Conclusion: The Lahore High Court dismissed the writ petition for being without merit. The Court upheld the decisions of the revenue authorities and directed the Revenue Officer to proceed with the partition of the joint holding strictly in accordance with the law and to decide the matter expeditiously.
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