Case Details

Citation(s)
2016 SLG 2273 2016 SLD 2273 2016 YLR 1089
Board of Revenue, Punjab
ROR No. 2643 of 2013, decided on 27-01-2015.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
Ch. Muhammad Sharif and Ch. Muhammad Afzal for Petitioners. Raja Ghulam Hassan Khan for
Respondent.

BOARD OF REVENUE, PUNJAB MUHAMMAD SALEEM AND others

VS

. MUHAMMAD IMTIAZ

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 24, 32 & 34---Allotment of land as lambardari grant---Cancellation of allotment---Land in question was in the possession of respondent, who filed application wherein he requested for appointment of Superdar of the land in question---Land was got vacated by initiation of proceedings under Ss.32 & 34 of the Colonization of Government Lands (Punjab) Act, 1912---Both, petitioner and respondent, were not with clean hands---Petitioner being Lambardar of the village was allotted the land as Lambardari grant, but he leased out the part of that grant to the respondent---Receipt of payment of lease money and compromise arrived at between the parties, were irrebuttable evidence of such lease---Allottee was not competent to go into such agreement---Respondent had no locus standi, against impugned land---Petitioner, had even rendered himself ineligible to continue with the grant on account of violation of the terms and conditions of the grant in terms of S.24 of Colonization of Government Lands (Punjab) Act, 1912---Lambardari grant was cancelled and District Collector, was directed by Board of Revenue to resume the same in favour of State with immediate effect, which would be disposed of as per prevalent policy of the Government. THIS ORDER PASSED BY: WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)--- This revision petition has been filed against order dated 14.03.2013, passed by learned Additional Commissioner (Consolidation), Multan Division, Multan, whereby appeal of the present respondent was accepted. 2. Arguments heard and record perused. 3. Learned counsel for the petitioners argued that petitioner No.1 is Lambardar of Chak No.297/WB, Tehsil Dunyapur, District Lodhran. The land comprising rectangle No.9, killa Nos.1 to 3, 8 to 12, 13/1, 18/2, 20 to 22, 23/1, total 100-kanals was allotted to predecessor-in-interest of the petitioner as Cattle Breeding Scheme, being Lambardar of the said Chak. After his death, petitioner No.1 was appointed as Lambardar of the Chak. This land was allotted to petitioner No.1 under Lambardari grant. The respondent was in unauthorized occupation of the land in…
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