Law:

Section:

(a) Constitution of Pakistan (1962)-------- Art. 98-Lease of land in favour of an Anjuman by Government---Government cancelling lease after its execution-Complaint that lease deed after having been executed was cancelled otherwise than as provided in the terms of grant and hence aggrieved party entitled to invoke writ jurisdiction-Contention upheld. Estate Officer, Government of Pakistan v. Syed Tahir Hussain P L D 1962 S C 75 and Anjuman-i-Ahmadia, Sargodha v. Deputy Commissioner P L D 1966 S C 639 ref. (b) Government Grants Act (XV of 1895)----- -----S. 3 -- Lease of land executed by Governor in favour of M--Cancellation of lease otherwise than as proved in the terms of lease deed.-Not permissible. Sh. Muhammad Shafi, Senior Advocate Supreme Court instructed by Sh. Masud, Akhtar, Advocate-on-Record (absent) for Appellant. Riaz Ahmad, Assistant advocate-General (Punjab) instructed by Ijaz Ali, Advocate-on-Record (absent) and Ijaz Ahmad Khan, Advocate-on-Record for Respondent. Date of hearing: 19th March 1975. JUDGMENT MUHAMMAD GUL, J.-This appeal by special leave by the Majlis-i-­Intizamia, Jamia Masjid, Ghulam Muhammad Abad Colony, Lyallpur, (a society registered under the Societies Registration Act, 1860 and hereinafter called the appellant), is from the judgment dated 10-1-1967 of the late High Court of West Pakistan at Lahore. By the at judgment two writ petitions namely No. 1026/R of 1963, by the appellant and Writ Petition No. 1426/R of 1963 by Anjuman-i-Markazi Ahnaf Ghausia, (also a society registered under the 1860 Act and hereinafter called the Anjuman) were dismissed. The dispute leading to this appeal concerns the allotment of an area measuring 1 acre, 3 kanals, 6 marlas and 72 square feet, survey Nos. 669/A and 443/C, for the purpose of construction of a Jamie Mosque in Ghulam Muhammad Abad Colony, a satellite town of Lyallpur. On the recommenda­tion of the District Allotment Committee, the appellant, from among the five applicants, was allotted the area in dispute by the Deputy Commissioner vide letter dated 15-8-1962. Later the Governor, West Pakistan acting through the Urban Rehabilitation Officer, executed lease deed dated 3-9-1962 in favour…

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