| Citation(s) |
|---|
| 2012 SLG 518 2012 SLD 518 2012 CLC 764 |
Lahore High Court
Writ Petition No.25686 of 2011, decision dated: 28-11-2011
SYED MANSOOR ALI SHAH, J
Rizwan Mushtaq for Petitioner. Ahmad Zaman Khan for
Respondent No. 4.
Writ Petition No.25686 of 2011, decision dated: 28-11-2011
SYED MANSOOR ALI SHAH, J
Rizwan Mushtaq for Petitioner. Ahmad Zaman Khan for
Respondent No. 4.
Ch. MUHAMMAD NAZIR CHEEMA
VS
MUJAHID SHER DIL, DCO/CHAIRMAN, DISTRICT TASK FORCE, SIALKOT and 3 others Sheraz Manzoor, Assistant Commissioner, Sialkot.
Law: West Pakistan Land Revenue Rules, 1968
Section: 67B
Law: West Pakistan Land Revenue Rules, 1968
Section: 67B
Law: Constitution of Pakistan, 1973
Section: 4,10A,23
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 32
(a) West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 117 & 122---West Pakistan Land Revenue Rules, 1968, R.67-B---Constitution of Pakistan, Art. 199---Constitutional petition---Dispossession---Executive order---Petitioner was declared owner of land in question up to Supreme Court against respondent---Grievance of petitioner was that revenue authorities dispossessed him from his land through an executive order and handed over the same to respondent---Validity---Landowner could be evicted under Rule 67-B of West Pakistan Land Revenue Rules, 1968 read with sections 117 and 122 of West Pakistan Land Revenue Act, 1967, if the landowner was found in wrongful possession of a land as a result of demarcation proceedings taken under section 117 of West Pakistan Land Revenue Act, 1967---Authorities hearing application under section 122 of West Pakistan Land Revenue Act, 1967, could direct fresh demarcation proceedings or order eviction of landowner who was in wrongful possession of the land---Such power of Collector was qualified by the proviso to Rule 67-B (5) of West Pakistan Land Revenue Rules, 1968, which provided that where proceedings involved substantial question of title or an intricate question of law, the Collector would refer the matter to civil court---Possession of land in question was ordered to be restored to petitioner forthwith and order passed by revenue authorities was set aside---High Court also set aside the notifications issued by Board of Revenue to the extent of private lands and private disputes, as having been issued without lawful authority---Petition was allowed accordingly. Messrs Shaheen Cotton Mills, Lahore and another v. Federation of Pakistan, Ministry of Commerce through Secretary and another PLD 2011 Lah. 120; Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan through Secretary and others PLD 2010 SC 61; Federation of Pakistan and another v. Irfan Tariq and others 2009 SCMR 1018; Tariq Aziz-ud-Din and others' case 2010 SCMR 1301; Ashfaq Hussain v. Government of the Punjab and others 2011 PLC (C.S.) 799; Iman Hussain v. Water and Power Development Authority through Chairman WAPDA and 4 others PLD 2010…
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