Demarcation of Land ICA format

 

Demarcation of Land ICA Format 

In the name of ALLAH, the most beneficent, the most merciful

 IN THE HONOURABLE LAHORE HIGH COURT , RAWALPINDI BENCH, RAWALPINDI.

 

ICA No. ________/2021

 

Farhan Yaseen son of Muhammad Naseer  resident of House No. 1, Street No. 2, Shah chan Chiragh, Gujar Khan, Rawalpindi

                                             

     Appellant

                           VERSUS

 

1.      The Member (Judicial-VIII), Board of Revenue, Punjab, Lahore.

2.      Additional Commissioner (Revenue)     

3.            Rawalpindi.

4.            Assistant Commissioner, Tehsil Gujar Khan, District Rawalpindi.

5.      Tehsildar, Tehsil Gujar Khan, District Rawalpindi.

6.      __________________

 

 

INTRA COURT APPEAL  U/S 3 OF THE LAW REFORMS ORDINANCE 1972 AGAINST IMPUGNED ORDER DATED 06-01-2021 PASSED BY HIS LORDSHIP MR. JUSTICE __________J, WHEREBY HONOURABLE JUGE DISMISSED THE WRIT PETITION NO. ____/2015

 

       Respectfully Sheweth,

 

BRIEF FACTS:

1.            That the addresses of parties given above are sufficient for the purpose of service by the office of this Honourable Court.

2.            That briefly stated facts of the case are that respondent No. 5 moved an application for demarcation of land Khewat No. ___, Khatooni No. ___, Khasra No. ___, situated in ___, Tehsil Gujar Khan, District Rawalpindi and the learned Tehsildar conducted demarcation vide his report dated 11-12-2012. The learned Tehsildar showed encroachment on the part of appellant, the appellant preferred an appeal against demarcation report which was dismissed by the learned Assistant Commissioner vide his order dated 25-07-2013. Feeling aggrieved by the order of AC, the appellant filed a Revision Petition before the learned Additional Commissioner who vide order dated 20-05-2014 dismissed the petition, then appellant filed appeal/ revision  before Member, Board of Revenue, Punjab, Lahore which was also dismissed vide  order dated 04-11-2015  without appreciating/ perusing the record of revenue department.  After that, appellant filed Writ Petition No. ___/2015 before this Honourable Court which was also dismissed on 06-01-2021 without touching the merit and law of the demarcation, rule  &  ethics of civil practice,  laid down in High  Court Rules & Regulations, hence this ICA.

3.            That the impugned orders dated ___, ___, ___, ___and demarcation report dated ___prepared by Tehsildar/ Halqa Revenue Officer are illegal, null, void ab-initio, against the law and facts without observing the demarcation proceedings, high court rules  & regulations, hence liable to be set aside on the following  amongst other:-

 

GROUNDS

 

a.            That the impugned  orders are against  the law and facts of the case, and are therefore not sustainable.

b.            That the impugned orders are based on conjectures and surmises and the same are liable to be set aside

c.             That the learned  Tehsildar while conducting demarcation of the land did not keep in mind the guidelines provided by the Honourable High Court/ the West Pakistan land Revenue Act 1967 for the  purpose of demarcation.

d.            That three permanent points required for the purpose of demarcation were not fixed by the learned Tehsildar.

e.             That the in the application of respondent No. 5 in heading mentioned only Khasra No. ____  while in body of application, he mentioned Khasra No. ____and ____while  conducting demarcation report, he did not measure the land at the spot at all. (like the   measurement of other Khasra numbers in said demarcation  nor mentioned the Karam Kaan of Khasra No. ____or ____)

f.              That the measurement mentioned in the demarcation report specially Khasra No. ____is not supported by the field book rather it is contradictory one. (it is pertinent to mention that the Khasra Number ____was the permanent point No. 3 in demarcation proceeding).

g.            That the impugned orders are not speaking, judicial orders and are not based on reasoning.

h.           That the impugned order are not sustainable in the eyes of law.

i.               That the learned courts below failed to peruse/ apprise the material available on record in  its true perspective.

j.               That the impugned orders are result of misreading and non reading of material available on record.

k.            That the learned courts below did not view the case from its right angle and reached a wrong conclusion.

l.               That the petitioner has not other alternate and efficacious remedy except to invoke the jurisdiction  of this Honourable Court in ICA.

PRAYER:

 

It is therefore, most respectfully prayed that the instant appeal may graciously be accepted and the orders dated ____, ____, ____, ____and demarcation report dated ____prepared by Tehsildar/ Halqa Revenue Officer may kindly be declared illegal, null, void ab-initio, against the law and facts.

 

It is further prayed that may kindly be directed to the Revenue hierarchy to demarcate the land Khasra Nos. _____ and _____as per the land Revenue Act 1967 and in the light of High Court rules and regulations Volume I, Chapter 1 (Financial  Commissioner’s Instructions)

 

Any other relief, which this Honourable Court deems fit and proper may also be awarded to the appellant. .

 

    

Appellant

Through

 

Counsel

Advocate High Court

CC No. _____

Certificate:-

 

1.      Certificate that this is the first ICA ever moved before this Honourable Court on the subject.

 

2.      It is further certified that as per instruction received no case on the subject matter is pending or decided by the August Supreme Court of Pakistan.

 

Counsel