Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---Entitlement to allotment of---State land---Scope---Retention of possession of State land by illegal means would not create any right in favour of its possessor. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Such jurisdiction for being discretionary in nature could not be exercised to perpetuate ill-gotten gains. Nawab Syed Raunaq Ail and others v. Chief Settlement Commissioner and others PLD 1973 SC 230 rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.---Facts of the case in brief are that land measuring 12-1/2 Acres situated at Chak No.13/RB Tehsil Safdarabad, District Sheikhupura was allotted to the father of the petitioner in the year 1963, who was Lambardar of said village under Pedigree Livestock Breeding Scheme. The said allotment was cancelled vide order dated 27-7-1965 against which the petitioner's father filed Writ Petition No.836 of 1966 before this Court which was disposed of vide order dated 18-6-1976 with direction to the revenue authorities to allot an alternate land to the father of the petitioner but the revenue authorities did not take any action in compliance with direction of this Court, however, the land in dispute remained in possession of the petitioner's father. The concerned Collector vide order dated 24-6-1983 directed for resumption of land against which appeal was filed and the Addl. Commissioner vide order dated 18-3-1985 accepted the same and remanded the matter to the Collector to decide the same in compliance with the orders of this Court dated 18-6-1976 but no action was ever taken thereupon. In the year 1992 the petitioner's father expired and he was appointed temporary Lamberdar and later on appointed as permanent Lamberdar vide order dated 11-7-2009. On application of respondent No.2 District Officer, Sheikhupura allotted the disputed land to him as Lamberdari grant vide order dated 10-11-2007. The petitioner filed a review against the said order before the District Officer Revenue who dismissed the same vide order dated 8-9-2009. The petitioner's revision petition against the said order was also rejected…

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