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

Section: 10

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Issuance of statements of conditions of tenancies---Scope---Village site meant for 'Patwar Khana' was under the occupation of respondents who made two fold application before the Collector for change of category as well as its allotment---Reports from the Field Staff proved long-standing possession of respondents on the said land---Collector accorded first request, latterly the land was also allotted to them approached the concerned Authority for conferment of proprietary rights, which remanded the matter preferred appeal, which was allowed by Additional Commissioner and despite being assailed by the petitioner before the Board of Revenue, same was maintained--- Validity--- Collector was competent to change the category of village site and was not bound to require prior approval of the Board of Revenue---Revenue Field Staff for whom the plot in dispute was reserved at the most could be the aggrieved party, but petitioner lacked locus standi to make any claim over the disputed plot--- Impugned orders were neither coram non judice nor ultra vires to call for interference by High Court in exercise of its constitutional jurisdiction---Constitutional petition was dismissed. Naseer Ahmad v. Member, Board of Revenue and others 1985 MLD 1277 and Sardar Muhammad and another v. Akram and others 2002 SCMR 807 ref. JUDGMENT CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE:---.--- In concision, the facts of the case were that the subject village site meant for "Patwar Khana" was measuring 2-Kanals 2-Marlas 2-Sarsahi and half of its part was under occupation of respondents Nos.2 to 9, who made two fold application before the Collector for change of category as well as its allotment. The latter required the reports from Field Staff through his subordinates, wherein not only longstanding possession of respondents Nos. 2 to 9 was acknowledged, but it was also disclosed that two more ihatas meant for "Patwar Khana" were lying vacant as well, which on need could be utilized and being satisfied on 23-04-2003 the Collector accorded first request, whereas latterly vide order of 17-05-2003 it was also allotted to them @ of…

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