| Citation(s) |
|---|
| 2018 SLG 2466 2018 SLD 2466 2018 YLR 2383 |
Writ Petition No. 15971 of 2010, decision Dated: 28-02-2018. Dates of hearing: 24th, 25th, 30th and 31-01-2018.
AMIN-UD-DIN KHAN, JUSTICE
Malik Noor Muhammad Awan and Sh. Naveed Shehryar with Miss Saima Hanif and Fatima Malik for Petitioners. Malik Allah Wasaya and Zafar Iqbal Chaudhry for
Respondents Nos. 1 to 12. Malik Muhammad Azeem, Additional Advocate General Punjab for
Respondents Nos. 13 to 15.
NAZA AND OTHERS
VS
ABDUL HAYEE (DECEASED) THROUGH L.RS. AND OTHERS
Law: Land Reforms Regulation, 1972
Section: Para.8,22
Law: Constitution of Pakistan, 1973
Section: 199
(a) Land Reforms Regulations, 1972 (MLR 64 of 1959)--- ----Para. 22---Land Reforms Regulation, 1972 [MLR 115], Para.8---Notification No. ASP-2/59/2241-LC dated 02-06-1959---Abolition of Ala Milkiat--- Scope---Plaintiffs being Adna Maliks filed suit for allotment of land which was dismissed by the Trial Court but Appellate Court decreed the same---Application for implementation of order of Appellate Court was moved which was accepted by the Additional Commissioner (Consolidation) who declared two mutations as void in toto---Appeal against the said order was filed which was accepted by the Member Board of Revenue and said mutations were cancelled partially---Validity---Property of which there was no Adna Maliks was to be given to the Ala Maliks and they would become full owners---Excess land after retaining permissible holding was to be resumed by the Land Commission and was to be allotted in accordance with the scheme of Land Reforms to the persons entitled for the same---Some land after resumption, was allotted to the persons entitled under the Land Reforms and some was given to Pakistan Railways and Canal Department---If both the mutations were declared null and void in toto then all the legal proceedings and legal transfers of land to the entitled persons as well as Railways and Canal Department would be reverted which was not permissible under the law---Some land was of non-Muslim owners and after their migration to India the property vested to the Custodian and Settlement Department was allotted under their own schemes---Findings of Additional Commissioner (Consolidation) were against facts as well as law---Property in dispute in the lis before Civil Court, subject matter of appeal decided by the District Judge, was 206 kanals and 15 marlas whereas the property subject matter of both the mutations was 28000 kanals and only 2000 kanals was of Adna Maliks---When Ala Maliks made the land of Shamilat cultivable they qualified the definition of Adna Maliks then they were to be declared as full owners---Party approaching the High Court by constitutional petition must show that order impugned or action taken by the respondents was without jurisdiction or contrary…
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