Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Colony Manual------Para. 322(c)---Punjab Delegation Rules, 2006---Constitution of Pakistan, Art.199---Constitutional petition---Lease of land---Village servants (Moeens)---Petitioners were in possession of land in question as village servants (Moeens) but authorities wanted to get the land vacated on the plea of establishing graveyard for newly established housing colonies---Validity---Petitioners' forefathers were allotted disputed land, they had served cause of the State and helped the State for establishing new villages (BARS) and remained active part for bringing barren land into cultivation---Equity demanded that Moeens should be compensated in case the State intended to change character of land from agriculture to urban---Constitution has provided that every citizen is equal before law and enjoys equal rights---Islam the State religion provides that in law, Moeens and landowner/Ziminadar enjoy equal rights---If land to temporary cultivators could be transferred permanently after some time why not Moeens---Resumption of land from Moeens in their possession was violative of the Constitution and the same could not be allowed---High Court declared the orders passed by authorities as without lawful authority and the same were set aside---Petition was allowed in circumstances. Shafique Ahmad and others v. Muhammad Akbar and others 2001 CLC 340; Ghulam Sarwar and others v. Member (Colonies) and others 1996 SCMR 1379; Muhammad Rafiq and others v. Hashmat Ali and another PLD 1992 SC 37 and Sargodha Textile Mills Limited through General Manager v. Habib Bank Limited through Manager and another 2007 SCMR 1240 ref. Malik Noor Muhammad Awan for Petitioners. Inayat Ullah Chaudhary for Private Respondents. Muhammad Siraj-ul-Islam Khan, Addl. A.-G, Punjab for respondents Nos.1 to 3. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.--- The petitioners claiming themselves to be "MOEENS" are in possession of land measuring 32 kanals, situated in Chak No.2/4L Tehsil and District Okara. (hereinafter referred to as Suit-Land). 2. Vide order dated 29-10-2002 District Officer (Revenue) Okara resumed suit-land from petitioners for establishing a graveyard for facilitating different housing…

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