| Citation(s) |
|---|
| 1980 SLG 3239 = 1980 SLD 3239 = 1980 CLC 1551 |
Lahore High Court
Regular Second Appeal No. 491 of 1975, decided on 8th April, 1980.
Presented By: Aftab Hussain
Sub. Muhammad Asghar v. Mst. Safia Begum and another P L D 1976 S C 435 and Government of West Pakistan v. Dr. A. A. Aziz P L D 1961 S C 105 ref. Nemo for Appellant. Muhammad Yaqub Sidhu for
Respondent.
Regular Second Appeal No. 491 of 1975, decided on 8th April, 1980.
Presented By: Aftab Hussain
Sub. Muhammad Asghar v. Mst. Safia Begum and another P L D 1976 S C 435 and Government of West Pakistan v. Dr. A. A. Aziz P L D 1961 S C 105 ref. Nemo for Appellant. Muhammad Yaqub Sidhu for
Respondent.
MUHAMMAD ASLAM ETC.Appellants
VERSUS
MUHAMMAD ALIRespondent
Law: Colonization of Government Lands (Punjab) Act (V of 1912)
Section: 10
Law: Civil Procedure Code (V of 1908)
Section: 9
(a) Colonization of Government Lands (Punjab) Act (V of 1912) S. 10 read with Livestock Breeding Scheme, para. 5 and Civil Procedure Code (V of 1908), S. 9 Remedies provided by Act V of 1912 (a special law) not exhaustedCivil suit not competent Instructions of Board of Revenue claimed to have been violated Petitioner, held, adequately provided for remedy before Board of RevenueQuestion of vires of order of Board of Revenue or Authority under it, if however raised, civil suit, held further, com petent to see whether authority acted within four corners of Act. Jiwana v. Mst. Sahbi P L D 1954 Lah. 253 ; Karim Dad v. Arif Ali and another P L D 1978 Lah. 679 ; Sub. Muhammad Asghar v. Mst. Safia Begum and another P L D 1976 S C 435 and Abdul Aziz v. Syed Arif Ali and 6 others P L D 1978 Lah, 441 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912) S. 10 read with Livestock Breeding Scheme, 1960, para. 5 & Memorandum dated 20th December 1963Memorandum, vires of Memo. dated 20th December 1963 issued by Board of Revenue, held, bad no force of law but only laid guiding principleViolation of such instruction will not bring principle of ultra vires into play and civil Court has no jurisdiction in circumstances of case. Date of hearing : 8th April, 1980. JUDGMENT The dispute between the parties is about the allotment of land allocable to Lambardar in Chak No. 182/GB Tehsil Toba Tek Singh, District Faisalabad under the Livestock Breeding Scheme. There being five Lambardars the Collector was confronted with the situation as to which one should be preferred. This matter was resolved by the consent of the Lambardars. They agreed that lot may be drawn and the allotment may be made is favour of the successful candidate. As a result of the…