| Citation(s) |
|---|
| 2022 SLG 447 2022 SLD 447 2022 YLR 378 |
Lahore High Court
Writ Petition No. 12330 of 2012, decision dated: 31st December, 2020.
ASIM HAFEEZ, JUSTICE
Ch. Ghulam Din Aslam for
Respondents Nos.3 to 8. Muhammad Ayub Buzdar, Assistant Advocate-General.
Writ Petition No. 12330 of 2012, decision dated: 31st December, 2020.
ASIM HAFEEZ, JUSTICE
Ch. Ghulam Din Aslam for
Respondents Nos.3 to 8. Muhammad Ayub Buzdar, Assistant Advocate-General.
SAIFAL THROUGH LEGAL HEIRS AND ANOTHERS
VS
MEMBER BOARD OF REVENUE AND OTHERS
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 10(3)
Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10 (3)---Cancellation of lease---Entitlement of grant/allotment---Scopes claimed to have entitlement to more land but authorities resumed the land and cancelled lease---Validity---No legally enforceable right was vested in petitioners, in whose favour no valid allotment or lawful grant survived after year, 1982s were required to make improvements for the purposes of cultivation, which was an integral part of terms of grant---Authorities failed to appreciate legality, relevance and effect of orders of permanent allotment of land---Alleged claim/entitlement regarding prospective proprietary rights, in the wake of cancellation of allotment, was merely a figment of imagination---No proprietary rights could be claimed in view of the factum of cancellation/expiry of term of lease---High Court declined to interfere in the order of cancellation of allotment as there was no illegality requiring judicial review jurisdiction--- Constitutional petition was dismissed in circumstances. Masood Rahim and 7 others v. Abdul Majeed and 9 others 2009 MLD 106 ref. ORDER: ASIM HAFEEZ, JUSTICE:---.--- This order shall decide instant Constitutional petition and Constitutional petition bearing W.P. No. 7232 of 2018, which are against order of 26.07.2012, passed by the Member Board of Revenue. Though Constitutional petition bearing W.P. No. 18120 of 2018 is heard along but same is decided through separate order. 2. Narration of Facts: Briefly the facts essential for adjudication of these petitions, are that in terms of order dated 21.11.1978 land, as described in the impugned order, was allotted on 5-years lease -- from Kharif 1978 to Rabi 1983 to the petitioners. Petitioners claimed entitlement to more land and impugned order of allotment before Commissioner Multan, who remanded the matter. Assistant Commissioner / Collector, thereafter, resumed the land and cancelled the lease of petitioner and others vide order dated 23.08.1982. The reason for resumption and cancellation was the instructions of Board of Revenue, conveyed vide letter dated 06.06.1981, in terms whereof land in question was reserved for Islamabad…
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