Law:

Section:

(a) Conditional order-------Time limit, absence of---Fulfilment of condition---Principle---When Court / authority passes conditional order but does not mention about time for fulfilment of such condition or penal consequences for non-fulfilment of that condition, person in whose favour order is passed cannot be penalized for belated fulfilment of such condition. Muhammad Nazir v. Qaiser Ali Khan 2003 SCMR 436 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 30---Constitution of Pakistan, Art.199---Constitutional petition---Resumption of land---Procedure---Allotment of land in question was cancelled as it fell within prohibited zone and alternate land was allotted to predecessor-in-interest of respondent---Revenue authorities cancelled alternate allotment and Board of Revenue in exercise of revisional jurisdiction restored lease subject to deposit of penalty of Rs.10000/- but respondent did not pay amount of penalty, therefore, revenue authorities auctioned the land---Auction of land was confirmed in favour of petitioner, who had deposited 1/4th of bid money but appellate authority allowed appeal and lease was resumed in favour of respondent---Petitioner contended that respondent was not in cultivating possession of land in question, therefore, it was rightly auctioned by revenue authorities as respondent failed to comply with condition imposed by Board of Revenue---Validity---If respondent or other legal heirs of original lessee did not deposit amount within reasonable time, District Collector could have put up the matter before Board of Revenue for seeking permission for resumption of land after recalling of order regarding restoration of lease in favour of respondent but instead of doing so, he proceeded to put land in question to auction---Order passed by District Collector was not challenged by anybody before any higher forum, however such order which was passed without prior approval of Board of Revenue could not be given legal sanctity---Action of District Collector to put land in question to auction was rightly set at naught by appellate authority---If respondent was not in cultivating possession of land in question, District…

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