Law: Collateral Management Companies Regulations, 2019

Section: 10

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---Horse Breeding Scheme---Tenancy rights, grant of---Non-speaking order---Effect---District Collector granted tenancy rights in favour of petitioner after inviting applications but Member Board of Revenue remanded the matter for grant of tenancy rights through open auction---Contention of petitioner was that impugned order was without reasons---Validity---Courts below had recorded concurrent findings with detailed reasoning---Member Board of Revenue had not recorded reasons while passing the impugned order---Appellate or Revisional forum was to consider the reasons recorded by the forum below and then deliver a by supporting reasons---Impugned order was non-speaking which could not be deemed as lawful or a result of proper exercise of jurisdiction---Matter was remanded by the High Court to the Member Board of Revenue with the direction to attend reasons prevailed upon the forum below for upholding the claim of petitioner and examine policy or rules for lease of property---Impugned order passed by the Member Board of Revenue was set aside with the direction to decide the matter in accordance with law---Constitutional petition was allowed, in circumstances. JUDGMENT RASAAL HASAN SYED, JUSTICE:---.--- Order dated 22.1.2019 of the Member Board of Revenue respondent No. 1, is subject matter of challenge in the instant writ petition. 2. Land in square No. 40, Chak No. 117/15-L, Tehsil Mianchannu, District Khanewal was statedly allotted to Mutalli son of Sardara who died in the year 2002; his legal heirs applied for allotment on the terms as were applicable to their predecessor but they were not found to be entitled to seek allotment. Land was resumed and thereafter by inviting applications, short listing the same, it was allotted to the petitioner; the order was challenged in appeal unsuccessfully and thereafter in revision before the Member Board of Revenue where the case was remanded on 15.3.2010; the order was challenged in Writ Petition No. 2934/2010 wherein the case was remanded to the Member Board of Revenue. In post-remand proceedings the impugned order was passed. 3. It was argued on behalf…

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