If in any case, the demarcation of land (Nishandahi Araazi) Had Barari is conducted by Halqa Patwari, samecan be challenged because the Halqa Patwar is not competent to conduct demarcation without supervision of Revenue Officer. Rule 67-A of WEST PAKISTAN LAND REVENUE RULES, 1968 deals with demarcation of land and Section 7 of THE PUNJAB LAND REVENUE ACT 1967 (Act XVII of 1967) deals with Classes of Revenue Officer, which are reproduced here under:-
Rule 67-A. Demarcation of land:-
Sub-Rule (6). At the time and on the date fixed for demarcation of boundaries, the Revenue Officer shall, in the presence of the parties and other persons mentioned in clause (c) of subrule (4) as may be present in response to the notice served on them, cause the measurement of the land to be taken under his personal supervision, strictly in accordance with the instructions and standing orders on the subject issued by the Financial Commissioner and the Board of Revenue from time to time.
Section-7. Classes of Revenue Officers.– There shall be the following classes of Revenue Officers:-
(a) Board of Revenue;
(b) Commissioner;
(c) Collector;
(d) Assistant Commissioner;
(e) Assistant Collector of the first grade; and
(f) Assistant Collector of the second grade.]
In section 7, there is no mentioning of Patwari as Revenue Officer.
In a Judgment of Session Court which I read, following things were observed with regard to demarcation of land conducted by Patwari:-
1. Thus, the demarcation report neither prepared by Revenue Officer nor prepared under supervision, will have no legal value.
2. Mere endorsement of a report prepared by Halqa Patwari cannot be regarded as an exercise having been done in a manner required by law.
3. Demarcation report prepared by Halqa Patwari can never be equated with a report got prepared under the Direct supervision of a Revenue Officer and thus such report cannot acquire status of a legal document.
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