03/03/2021
Compulsory Steps of Process
1. As per section 42 [1(a,b,c), (2), (3)] of The Land Revenue Act 1967, must be reported within 3 months after of by concerned or his guardian, if minor. Patwari will record the report in its and gives its copy to the related person. Under Rule 34A of the West Land Revenue Rules, 1968, a copy of the report shall be exhibited at Patwari’s office for one month from the date of its recording for public inspection without any fee. Further, Patwari will record the report in Register of Mutations u/s 42(3) of The Punjab 1967.
2. Under Section 42(6) ibid, revenue officer, within three months, (as stressed u/s 42(10) ibid and Rule 33(Form XIX) of West Pakistan Land Revenue , 1968), from the date of report made under the foregoing provisions in 1, attests all entries in register of Mutations in counterfoil of ###V (Mutation -Register Kharij) and issues or makes an order to bring changes in periodical record ( ), accordingly, which are carried out u/s 42(9) of The Punjab Land Revenue Act 1967. U/s 42(8) ibid, order must be made in common assembly of the relevant estate. In performing its duties under Section 42(6) ibid Revenue Officer (Tehsildar) is bound, as the word ‘shall’ has been used in rules, to follow procedural rules of Section 9(1) of West Pakistan Land Revenue Rules, 1968 which requires from Revenue Officer to:
i. Enforce the attendance of parties and witnesses.
ii. Record statements of parties and witnesses by his own hand.
iii. His order shall state briefly the persons examined by him.
iv. Facts which were relied upon by the persons examined.
v. Grounds of the order.
3. Explanation of Section 9 ibid further emphasizes to follow the procedure in section 9 ibid and Section 10 ibid clarifies even more that statements taken under Section 9 ibid would not just be a brief memorandum of the statements made. As per S 11 ibid, every order must consist of brief of the reasons on which it was founded.
4. U/s 11 of The Punjab Land Revenue Act 1967, brief of the order must be communicated to the party which acquired right and others in the prescribed Form XVIII given in Rule 32 of the West Pakistan Land Revenue Rules, 1968. Moreover, under rule 34(4) clause (ix) ibid, Patwari is required to enter orders of the Revenue Officers or Kanungos, received by the Patwari or executed in the circle, in Roznamcha on the day on which they come to the Patwari's notice, and the manner in which they come to his knowledge. In addition, under Rule 34(5) ibid, Patwari is required to get signature or thumb-impression of the headman etc at the time of making entries relating to changes in revenue records.
Author: Muhammad Ibtsam Anwar, Advocate High Court (Partner at Tipmco)
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