Case Details

Citation(s)
2017 SLG 2225 2017 SLD 2225 2017 CLC 962
Lahore High Court
Writ Petitions Nos. 11116, 11117, 11118, 11119 and 11120 of 2015, decision Dated: 14-2-2017.
SHAHID KARIM, JUSTICE
Mian Muhammad Siddique Kamyana for Petitioners. Asad Manzoor Butt and Ch. Imtiaz Ahmad Goraya for
Respondents Nos.1 and 5. Ch. Muhammad Rafique for
Respondents Nos.2 and 3.

RANA LIAQAT ALI KHAN AND OTHERS

VS

GOVERNMENT OF PAKISTAN AND OTHERS

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10(2)---Constitution of Pakistan, Art.199---Constitutional ptitiion---Lease---Renewal of---Fresh application---Requirement---"Competent authority"---Determination---Competent authority was Member (Colonies) Board of Revenue who was to adjudicate the matter with regard to grant or re-grant of lease---Matter was still pending before the Member (Colonies) Board of Revenue and had not culminated into a finding---Member, Board of Revenue would act on the recommendations of the Ministry of Defence to allot or resume the stud land---Such fact did not ipso facto take away the power from the Member (Colonies) Board of Revenue to adjudicate the matter and to return a final determination in that regard---Recommendations might come from the Ministry of Defence but the final order had to be passed by the Member (Colonies) Board of Revenue---Member (Colonies) Board of Revenue was directed to decide the matter within a specified period---Constitutional petition was allowed in circumstances. THIS ORDER PASSED BY: SHAHID KARIM, JUSTICE:---.--- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has the following prayer:- "It is, therefore, respectfully prayed that an appropriate writ order or mandate may be issued to restrain the respondents from making any changes or alteration in the revenue record and to dispossess the petitioners from the land in dispute in violation of the orders of the superior courts and during the pendency of the proceedings before the Board of Revenue in consequence of the order of the Hon'ble High Court dated 21.05.2015." 2. This order shall also decide connected petitions W.Ps. Nos.11117, 11118, 11119 and 11120 of 2015 which involve identical issue. 3. The source from which the instant constitutional petitions have arisen is the order passed on 21.05.2015 in W.P No. 4085 of 2006. The petition was disposed of in the following terms:- "4. In view of the above, with the consent of the learned counsel for the parties, who are duly instructed, it is directed that in case the petitioners have filed a fresh application for renewal of the lease, the…
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