Case Details

Citation(s)
1998 SLD 743 = 1998 CLC 1607
Lahore High Court
Writ Petition No.375-M of 1985/BWP, heard on 19th March, 1998.
Presented By: Before M. Javed Buttar, J
M. A. Farrazi for
Respondents' Nos. l to 3. Malik Muhammad Sadiq Channar for
Respondent No.4

ALLAH BAKHSH and 3 others---Petitioners

VERSUS

ASSISTANT COMMISSIONER, AHMADPUR  EAST and 3 others---Respondents, ,

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

Section: 10

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---Constitution           of                                                Pakistan                                                (1973), Art.199---Constitutional petition-- "Audi alterarn partem", principle of---Ten years' temporary cultivation Scheme- --Violation           of            principles            of            natural justice---Effect---Sub-tenant's application for purchase of proprietary right was dismissed by Revenue Forums including Board of Revenue without providing them right of hearing-- Validity---Petitioners being sub-tenants, prima facie were eligible to conferment of proprietary rights in terms of Government's notification and they had applied for conferment of proprietary rights, not as heirs of their deceased father, but in their capacity of sub-tenants of land in their occupation---High Court without making any comments on merits, set aside orders of Forums below on the ground that petitioners were not granted any opportunity of being heard by Collector while passing impugned order and, thus, being violative of principle of .natural justice, same was illegal and void, therefore, all subsequent orders stood washed away---Order of Revenue Forums were set aside and petitioners' applications would be deemed to be pending before Revenue Forums to be decided afresh in accordance with law. Rustam and another v. Government of…
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