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

Section: 32 , 34 , 199

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 32 & 34---Constitution of Pakistan (1973), Art. 199---Encroachment on thoroughfare and State-land by respondents---Authorities endorsing stand point of petitioners  in  a  report  submitted  before  High Court---Controversy between parties, would, however, assume factual character and same could be resolved by Colony Staff, by making on the spot inspection/demarcation-- Such an exercise could not be undertaken in proceedings in Constitutional petition---Civil suit between parties relating to such dispute was also pending adjudication---Authorities, however, were enjoined upon to conduct themselves strictly in accordance with law, and within confines of their statutory powers, uninfluenced by any extraneous considerations, undeterred and undaunted by political figures---Authorities were expected to realize their responsibility in the matter and attend to the job, in right earnest in public interest-- Interference by High Court, in such matter, in exercise of its extraordinary Constitutional jurisdiction was uncalled for. Colonization of Government Lands (Punjab) Act (V of 1912)---   ----(.   36---Bar   of   jurisdiction   of   Civil Court---Effect---Where, however, jurisdiction of Civil Court was invoked and Civil Court proceeded in exercise of its plenary jurisdiction, such an issue could also be examined and adjudicated upon, on the strength of and in the light of evidence of parties. Mian Muhammad Ashraf for Petitioners. Ch. Abdul Ghani for Respondents. ORDER In Chak No.5/14-L, Tehsil Chichawatni, District Sahiwal, respondents Nos.4 and 5, Hassan Muhammad and Muhammad Rafiq are in occupation of a portion of Ihata No.109, which is close to the village Chowk. A large portion of the same, alongwith adjacent Khasra No.138, has allegedly been occupied by the aforesaid persons illegally, and they have also erected two shops, one for sale of fruit and the other for bicycle repairs. It is so stated in para No.2 of the writ petition, which has been filed by Muhammad Aslam and Muhammad Ali, two residents of the…