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

Section: 10

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Issue of statements of conditions of tenancies---Scope assailed order passed by Single Judge of High Court whereby his constitutional petition was dismissed had sought a direction restraining the authorities from dispossessing him from the disputed land and from including the land under cultivation for auction---Validity---Land under possession of appellant was leased out to him under the Temporary Cultivation Scheme---Neither the available record suggested that the lease of the land was extended after the year 1998 nor the appellant tendered any document to establish that he had deposited the arrears of rent or made a written request seeking permission to deposit arrears of rent was not only a defaulter but was also in unauthorized possession of the land---Doctrine of Istehsan could not be applied in his favour so as to perpetuate his unauthorized possession of State Charagah land---Intra-court appeal was dismissed. Managing Committee Masjid Muhajrin v. Mst. Zainab Bibi and others 1974 SCMR 230 ref. ORDER This Intra Court Appeal arises from the petition brought by the appellant under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, that is, W.P. No.35998 of 2020 wherein prayer was made that the respondents be restrained from including the land under cultivation of the appellant for auction to be held on 13th August, 2020 and consequently, by allowing the appellant to deposit the arrears of rent the respondents be directed not to dispossess him from the land. 2. The land under possession of the appellant is Charagah, which was leased out to him under the Temporary Cultivation Scheme. The tenure of the lease had been extended from time to time. The documents available on record suggest that on 10th November, 1998 the appellant made last payment of rent. Upon noticing this fact, the learned Single Judge-in-Chamber came to the conclusion that the appellant was defaulter. On the basis of said conclusion the prayer made in the petition was declined and the same was dismissed through impugned order dated 13th August, 2020. 3. It is apposite to state here two salient…

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