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

Section: 10 , 199

  Colonization of Government Lands (Punjab) Act (V of 1912)--- . ----S.10---Constitution  of  Pakistan  (1973),  Art. 199---Constitutional petition-- Allotment of "Mueen Ahata" to proprietor---Validity---Petitioner being proprietor could not have been allotted "Ahata" which was meant for "Mueens" only---" Mueens" being non-proprietors, Government had earmarked certain Ahatas for them which could not be allotted to proprietors---When other "Ahatas" meant for proprietors were available same could have been allotted to petitioner. Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---West Pakistan Land Revenue Act (XVII of 1967), S.164---Order of Revenue Officers in violation of standing instructions---Effect---Violation                                                                   of                standing instructions/statement of conditions having status of statutory instructions, would constitute question of law, and as such could be adjudicated upon by Board of Revenue---Where order passed by Board of Revenue did not disclose jurisdiction defect and was within ambit of its jurisdiction, same would not warrant interference. Shahid Hussain Qadri for Petitioner Allah Yar Khan for Respondent No.4. Yarwar Ali Khan, AddI.A.G. Date of hearing: 22nd August, 1995. JUDGMENT Through this Constitutional petition the petitioner has challenged the order dated 12-12-1979, passed by the Member, Board of Revenue, who while accepting respondent NoWs revision petition set aside the order dated 16-8-1972, passed by the Additional Commissioner (Colonies) whereby respondent No.4's.appeal against the allotment of Mueen Ahata in favour of the petitioner was dismissed. . Petitioner was…