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

Section: 10,30(2)

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 10 30(2)---Rescinding sale deed---Private treaty, sale through---State land was sold by authorities which sale was rescinded by Board of Revenue---Validity---No exception was available to transaction of sale deed obtained through private treaty or misrepresentation or fraudulent means---Board of Revenue was well within jurisdiction to undo all such transactions even if some erroneous order had been passed regarding resumption of such land---State land could not left vulnerable to the whims and caprice of intending purchasers---If after objective resolved alienation of such asset is needed then it could be disposed of through unrestricted public action, which was the most suitable universally recognized transparent standard for fetching compatible consideration amount to actual value of property in question---High Court declined to interfere in the order passed by Board of Revenue rescinding the sale deed---Petition was dismissed in circumstances. Mian Asghar Ali v. Province of Punjab through District Collector and others 2006 SCMR 936; Mian Asghar Ali v. Government of Punjab through Secretary (Colonies) BOR, Lahore and others 2017 SCMR 118; Muhammad Munir Ahmad v. The State/Member (Judicial)-VII Board of Revenue Punjab Lahore and others (in Civil Petition No.1030-L of 2004); Province of Punjab through Collector, Sheikhupura v. Anjuman Talim-ul-Islam and others PLD 1987 SC 123; Syed Mazhar Hussain Shah through L.Rs v. Member, Board of Revenue, Punjab, Lahore and others 2006 SCMR 959; Muhammad Manzoor v. Province of Punjab and others 2011 CLC 494 and Province of Punjab through Secretary Revenue and others v. District Bar Association, Khanewal and others 2014 SCMR 1611 rel. (b) Contract Act (IX of 1872)--- ----S.23---Lawful considerations and objects---Scope---If any order is passed by any authority beyond its jurisdiction and against public policy, such order in its inception is nullity in the eyes of law and never conveys any absolute title in favour of beneficiary. Hafeez Akhtar Randhawa v. Member (Colonies), Board of Revenue (Civil Petition No.2022-L of 2010); Hameedullah and 9 others v.…

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