Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--To extent of declaring the allotment of land as bogus and fictitious--Sought for correction of revenue entries--Original allotment was cancelled on the ground that cost against the allotment had not been deposited was allotted land in two villages under Border Area Scheme by GHQ--Application was made before Border Area Committee for correction of revenue entries--Allotment was missed in revenue record--Land was exchanged--Validity--All sales/exchange were effected without obtaining NOC from GHQ Border Area Committee--Allotment in favour of second allottee were not found in Register RLB 11 of Border Area Committee nor their allotment letters existed in record--Held: Allotment of original allottee was first cancelled in the year 2004 when his daughter moved an application for correction of revenue entries which did not correspond with original allotted area--Border Area Committee cancelled the original allotment on the ground that the first allottee had not paid the cost of allotted land--Orders for cancelling the allotment of original allottee by B.A.C. as illegal and without any lawful authority as the same are not based on any lawful material--Both orders to extent were declared to be passed without any lawful authority and were of no legal effect--Petition was accepted. THIS JUDGMENT DELIVERED BY: NASIR SAEED SHEIKH, J.- This order shall dispose of Writ Petitions No. 58/R of 2008, 177/R of 2008, 178/R of 2008 and 71/R of 2009. 2. Briefly facts of the case are that the predecessor in interest of the petitioners of Writ Petition No. 71/R of 2009 Lt. Col. Haji Shuja ud Din Ahmad was allotted land measuring 429-Kanals 6-Marlas in two villages Mauza Pira Khana and Jalloke, Tehsil and Distt. Kasur under Border Area Scheme by the GHQ. The allotment was made in favour of the said Lt. Col. Haji Shuja ud Din Ahmad on 18.11.1961 by the Border Area Committee as per record of the Respondent No. 1. The precise bifurcation of the allotment of the said allottee is as follows:-- a. Mauza Jalloke, Tehsil Kasur 220-K 5-M b. Mauza Pira Khana, Tehsil Kasur. 209-K 1-M Total land: 429-Kanals 6-Marlas. The…

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