Case Details

Citation(s)
2018 SLG 2665 2018 SLD 2665 2018 CLC 1987
Lahore High Court
W.P. No. 5385 of 2018, decision & hearing Date : 01-06-2018
SHAHID, JAMIL KHAN, JUSTICE
Petitioner(s) by: Ch. Faraz Munir, Malik Niaz Ahmad, Mian Nazir Ahmad, Riaz Muhammad Afzal, Sajjad Bashir Baloch, Muhammad Imran Misson and Ameer Abdullah Awan
Respondent(s) by: Muhammad Tahir Saeed Ramay, Assistant Advocate General Punjab and Jamshed Iq

SANA ULLAH

VS

GOVERNMENT OF PUNJAB AND OTHERS

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

Section: 10,19

Law: Punjab Land Revenue Act, 1967

Section: 161,164

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Punjab Land Revenue Act (XVII of 1967), Ss. 161 & 164---Application for allotment of State land under S. 10 of Colonization of Government Lands (Punjab) Act, 1912, rejection of---Appeal/revision---Appeal under S. 161 and revision under S. 164 of the Punjab Land Revenue Act, 1967 was available against rejection of an application for allotment of State land under S. 10 of the Colonization of Government Lands (Punjab) Act, 1912. Karam Din v. Member Board of Revenue West Pakistan, Lahore and others PLD 1968 Lah. 321; Muhammad Azam and others v. Bashir-ud-Din and others 1988 MLD 1341; Province of Punjab through District Collector, Vehari v. Rana 1989 MLD 1009; Nazir Hussain and others v. A.C. and others 2002 YLR 3484 and Muhammad Ali v. Province of Punjab and others 2005 SCMR 1302 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Punjab Land Revenue Act (XVII of 1967), S. 164---Allotment of State land under section 10 of Colonization of Government Lands (Punjab) Act, 1912, rejection of---Appeal/revision---Grievance Redressal Committee formed to substitute the remedy of appeal---Legality---Said Committee constituted through a notification could not be taken as substitute of appeal or revision available under the statute (i.e. the Punjab Land Revenue Act, 1967)---Said notification was silent about the statutory or legal authority in exercise of which it was issued---At best such a Committee could be regarded as an administrative forum to redress the complaints, coming to the executives, regarding exercise of administrative powers/proceedings under the notification in question---Grievance Redressal Committee forum could not abridge the control of Board of Revenue over the allotment procedure and the issues arising as a consequence. (c) Punjab Land Revenue Act (XVII of 1967)--- ----S. 164---Revision---Scope---Jurisdiction of revision under S. 164 of the Punjab Land Revenue Act, 1967, could be exercised, at any time, by the Board on its own motion or on an application. (d) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 19 &…
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