Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 30(2),30(b)

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 30(2),30(b)

Law: Constitution of Pakistan, 1973

Section: 199

Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 30(2)---Constitution of Pakistan, Art.199---Constitutional petition---Resumption of land---Fraud or misrepresentation---"Condemned unheard", principle of---Applicability---Grievance of petitioners was that authorities had cancelled allotment of land in question alleging that the same was allotted with fraud and misrepresentation---Validity---None of the parties alleged fraud in the matter and the question was taken note of by Member Board of Revenue himself---Member did not lack jurisdiction to examine question of fraud and in case he was satisfied that fraud had been committed, he was required to follow provisions of section 30(2) of Colonization of Government Lands (Punjab) Act, 1912---Parties were to be confronted and were given reasonable opportunity to defend themselves and thereafter an appropriate order would have been passed---Parties were never confronted with question of fraud and Member, Board of Revenue unilaterally and in isolation considered question of fraud and passed order directing resumption of land in question, as such the same constituted illegality, in exercise of jurisdiction and was fatal to the order---Petitioners as well as respondent were condemned unheard and had been presented with fait accompli without having been given reasonable opportunity to present their point of view---High Court set aside order passed by Board of Revenue resuming land in question and directed to confront petitioners as well as respondent with allegation of fraud, grant them reasonable opportunity of showing cause to present their point of view as envisaged by section 30 (b) and other provisions of Colonization of Government Lands (Punjab) Act, 1912 and remanded the matter to Board of Revenue, to pass an appropriate order in accordance with law---Petition was allowed accordingly. Malik Ghulam Siddique Awan for Petitioner. Faisal Zaman Khan, Addl. A.-G. for Respondent No.1. Khalid Mehmood Rana for Respondent No.2. ORDER IJAZ UL AHSAN, J.--- The dispute relates to land measuring 101 Kanals, 1 Marla situated in Chak No.548/G13 Tehsil Tandlianwala District Faisalabad. Ghulam Ali and Muhammad Saeed…

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