| Citation(s) |
|---|
| 1963 SLG 3131= 1963 SLD 3131 = 1963 PLD 9 |
West Pakistan
Appeal No. 26 of 1961-62, decided on 31st January 1962, District Montgomery.
Presented By: A. M. Khan Leghari, Member Board of Revenue, West Pakistan
Appeal No. 26 of 1961-62, decided on 31st January 1962, District Montgomery.
Presented By: A. M. Khan Leghari, Member Board of Revenue, West Pakistan
MUHAMMAD AZRAM-Petitioner
VERSUS
THE STATE-Respondent
Law:
Section:
Punjab Colony Manual---- ----para. 421-Choice of colonists is to be considered in allotment of shop sites. ORDER Muhammad Azram has filed this appeal against Additional Commissioner, Multan's order dated 29-11-1961, whereby Collector, Pakpattan's order dated 27-9-1961, allotting shop site No. 52 in Chak No. 90/E.B., in favour of the appellant, was set aside. I shall treat this as a revision. The Collector, Pakpattan, allotted shop site No. 52 in favour of Muhammad Azram as he was recommended by the Naib -Tahsildar as well as by the Chairman of the Union Council. No recommendation was made in favour of Muhammad Aslam ; Muhammad Aslam went in appeal and the Additional Commis sioner held both of them as ineligible for the reasons that they are not mueens and the shop site is meant for mueens. Moreover, Muhammad Azram, was held by the Additional Commissioner to be a minor. He, therefore, remanded the case back to the Collector for fresh allotment of the site to a deserv ing person. It is from this remand order that Muhammad Azram's appeal was filed to the Board of Revenue. The petitioner's contentions are: that the Additional Commissioner has failed to take note of paragraph 421 of theColony Manual which prescribes that the choice of the colonists is to be considered in the allotment of shop sites ; that he has been recommended by the Chairman of the Union Council and has thesupport of a majority of the abadkars ; that he is not a minor. His age is 19 years ; and that his right foot is disabled in consequence of which he is not able to followagricultural pursuits and has chosen business…