Law: West Pakistan Land Reforms Regulation, 1959

Section: 19

West Pakistan Land Reforms Regulations, 1959 [M.L.R 64]--- ----Para. 19---Constitution of Pakistan (1973), Art. 199---Allotment of resumed land---Land resumed by Authority was claimed by petitioner being its sitting claimant---Claim of petitioner was accepted, but sale agreement of disputed land was not entered in his favour---Mutation of land in dispute which was sanctioned in favour of petitioner was challenged by respondents and Chief Land Commissioner without examining case in detail and without going into different aspects of case as to whether petitioner was responsible for non payment of sale price of disputed land, decided that sale of land should not take place and that land should stand resumed---Finding of Chief Land Commissioner as to non-payment of sale price recorded without going into different aspects of case, was declared illegal by High Court in exercise of its Constitutional jurisdiction, and case was remanded to be decided afresh after giving opportunity of hearing to parties concerned---If no fault on part of petitioner as to payment of sale price was found sale o.` land should have been kept in his favour otherwise Authority would be at liberty to pass appropriate order. Syed Iqbal Haider Zaidi for Petitioner. Muhammad Farooq Oureshi for Respondents Nos. 2 and 3. Date of hearing: 30th March, 1993.   JUDGMENT Petitioner is aggrieved against order dated 19-4-1975 of the Chief Land Commissioner, Lahore rejecting his claim for the land measuring 80 Kanals situate in village Khanpur, Tehsil Shahpur, District Sargodha resumed under MLR 64. Facts relevant for the disposal of this Constitutional petition are that late Nawab Allah Bakhsh was the owner of land in the aforementioned village and excess area was resumed which the petitioner claims under para. 19 of MLR 64 as a sitting tenant. This claim of petitioner was accepted by order dated 4-7-1961 but it appears that sale agreement of disputed land was not entered in his favour neither payment thereof was made. However, the mutation of disputed land was sanctioned in favour of petitioner against which appeal was filed by respondents and the same was rejected. Revision petition filed by them…