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| Demarcation of Land ICA Format |
In the name of ALLAH, the most beneficent, the most merciful
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,
2.
Additional Commissioner (Revenue)
3.
4.
Assistant Commissioner, Tehsil Gujar Khan, District
5.
Tehsildar, Tehsil Gujar Khan, District
6.
__________________
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
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
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
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