Case Details

Citation(s)
2014 SLG 990 2014 SLD 990 2014 YLR 2381
Lahore High Court
Writ Petition No. 11205 of 2012, decision Dated: 14-02-2014. Hearing Date : 13-02-2014.
SHOAIB SAEED, JUSTICE
Ch. Muhammad Hussain Jehania for Petitioner. Mirza Muhammad Saleem Baig, A.A.G., Wasim Sarwar Khan and Rana Nazir Saeed for

WARIS ALI ZAHID

VS

MEMBER BOARD OF JUDICIAL (II), BOARD OF REVENUE PUNJAB LAHORE AND 3 OTHERS --Respondents.

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

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O.I.R.10

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Civil Procedure Code (V of 1908), O. I. R. 10---Punjab Government Notification No. 222-2010/117-CLI dated 13-1-2010--- Punjab Government Notification No.223-2010/118-CLI dated 13-1-2010---Constitution of Pakistan, Art.199---Constitutional petition---Lease of State lands were given charagaah/State land in 1984 on lease which was extended subsequently but resumed later---DDO (R) directed Tehsildar to put the crops of the resumed land to open auction in 2009 purchased said crops for Rs.1,85,000---Appeals of respondents against order of auction and that of their ejectment (resumption) were dismissed by EDO (R)---Board of Revenue accepted ROR filed by respondents and remanded the case to DDO (R)'s application under O.I, R.10, C.P.C. or impleadment was also rejected---DDO (R) on remand extended lease of respondents's appeal against extention order was accepted by Additional Commissioner (Revenue)---Member, Board of Revenue accepted revision filed by respondents and restored the extention order of DDO (R) contended that extention could not be granted in lease of land which had already been resumed in terms of Notification No.223-2010/118-CLI dated 13-1-2010; that respondents were not eligible firstly because respondents owned more than four acres of land, secondly, they were not residents of the relevant 'Chak' under Notification No.222-2010/ 117-CLI dated 13-1-2010s contended that petitioner was not an aggrieved party---Validity---Disputed land could not be put to restricted auction based his right on purchase of crops which were put to auction---Land in question was never leased out to petitioner at any stage which remained on lease with respondents who were still in its possessions did not own land when the disputed land was leased out to them---Land presently owned by respondents was purchased long after leasing of the disputed land, in circumstances, had no locus standi and was not an "aggrieved person"---Constitutional petition was dismissed. THIS JUDGMENT PASSED BY: SHOAIB SAEED, JUSTICE:---.--- This writ petition is directed against the orders dated 24-7-2012 and 29-12-2011 passed by…
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