PESHAWAR, Nov 22: The Peshawar High Court on Wednesday set aside an order of a provincial minister regarding the re-instatement of a patwari (land revenue officer) after a case had been registered against him.

A two-member bench comprising Justice Shahjehan Khan Yousafzai and Justice Dost Mohammad Khan criticised the orders of NWFP Revenue Minister Maulana Asmatullah and observed that ministers had no legal authority to interfere in the posting and transfer of officials.

The bench accepted a writ petition filed by another patwari, Gulzar Ahmad, and declared his posting at Village Kukar in Peshawar as legal.

The bench observed that if the situation remained as such and ministers continued to issue such illegal orders the court would have to summon them.

The petitioner claimed that few months back he was transferred as patwari in Kukar village in place of Tariq Khan. He claimed that Tariq was reluctant to hand him over the charge. Later on, he added, the patwari disappeared along with some files.

The petitioner stated that due to the irregularities the anti-corruption department registered an FIR against Tariq following which he was suspended by the revenue department. However, he added, on Oct 21, 2006, the provincial revenue minister issued a notification whereby he re-instated and posted him at the same place in Kukar village.

Advocate Mian Muhibullah Kakakhel appeared for the petitioner and argued that the minister had no legal powers to order posting and transfer of officers.