Law: Constitution of Pakistan, 1973

Section: 185,199

Constitution of Pakistan (1973)--- ----Arts.185 & 199---Appeal to Supreme Court---Dispute as to grant of land---Both the parties had approached the Authorities for the grant of land with unclean hands and had practiced fraud upon the Land Grant Authorities and misrepresented the facts with regard to their eligibility---Effect---Held, none of the parties could be allowed to take advantage of its wrong, fraud and misrepresentation---All orders passed by Revenue Authorities and of High Court passed in Constitutional jurisdiction were set aside by the Supreme Court with a direction to the Land Grant Authority to dispose of the land in dispute afresh in accordance with Land Grant Policy. JUDGMENT HAMID ALI MIRZA, J.---This civil appeal with leave of this Court is directed against the judgment dated 24-9-1997 in C.P. No.D-155 of 1996 (Lal Muhammad and another v. Province of Sindh and others) passed by learned Division Bench of the Sindh High Court Bench at Sukkur, whereby the said Constitutional petition was dismissed. 2. Brief facts of the case are that the appellants Lal Muhammad and Ghano made an application for grant of land Survey Nos. 404, 405, 406, 407, 410, 990 and 992 of Deh Lainpurani, Taluka Kashmore on Harap rights which land was granted to them by Member (Land Utilization), Board of Revenue, Sindh, Hyderabad vide letter, dated 6-10-1992. The appellants paid all the instalments for the land granted to them and after having made full payment, T.O. Forms dated 18-1-1993 were issued in their favour by the Colonization Officer/respondent No.4 thereafter necessary mutations in the Revenue Record were made by Mukhtiarkar, Taluka Kashmore/respondent No.5 vide Entries Nos. 171 and 172 dated 23-2-1993 in favour of the appellants. The respondents Abdullah and Khamiso moved an application before the Colonization Officer Guddu Barrage, Sukkur and got the land granted to the appellants cancelled vide his order, dated 2-7-1993 on the ground that the said land was Kabuli land of Abdullah, however Colonization Officer Guddu Barrage, Sukkur, vide order, dated 21-8-1993 recalled his earlier cancellation order on the ground that he was not empowered to cancel the grant…

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