Case Details

Citation(s)
1974 SLG 3033 = 1974 SLD 3033 = 1974 PLD 357
Lahore High Court
Writ Petition No. 1129 of 1973, decided on 29th March 1974.
Presented By: Karam Elahee Chauhan and K. M. A. Samdani, JJ
Major Ishaq Muhammad Khan for Petitioners. A. Sattar Najam, A. A.--- G. 11 for
Respondents.

SALMA GILANI AND 2 OTHERS-Petitioners            

VERSUS

DEPUTY LAND COMMISSIONER, RAHIMYAR KHAN AND 2 OTHERS-Respondents

Law: Land Reforms Regulation, 1972

Section: 7, 4(8)

(a) Land Reforms Regulation, 1972 (M. L. R. 115)  Para. 7---Alienation of land-Petitioners' holding even after deduction of alienated land exceeding permissible limits-Petitioners under obliga tion to file declaration-Petitioners' grievance that they are being compelled to exercise their choice and surrender excess land before final decision of case, held, more imaginary than real-Petitioners could, for time being, assume all alienations under scrutiny void and exercise their choice provisionally on such assumption and revise their choice on final determination of case by Land Commissioner-Peti tioners, held, in no way jeopardised in interest by making provisional choice. Khair Muhammad Khan v. State P L D 1966 S C 604 rel. (b) Land Reforms Regulation, 1972 (M. L. R. 115)  Para. 7 read with para. 4(8) and Notification dated 23rd April 1973-Vires of notification and orders-No action under notification yet taken against petitioners-Premature to examine validity or other wise of notification-Petitioners, held, could invoke Constitutional jurisdiction if after their compliance of notices issued anything done in violation of their rights or in contravention of provisions of Regulation. Dates of hearing: 5th and 6th March 1974.                                                                                                       JUDGMENT K. M. A. SAMDANI, J.--The petitioners are sisters inter se and joint owners of agricultural land in districts Rahim Yar Khan and Dera Ghazi Khan. Their land is in excess of the limit permitted under the Land Reforms Regulation, 1972. They have filed declarations as required by the Regula tion. But certain alienations of land made by them between 1st March 1967, and 20th December 1971, are under scrutiny and their validity is yet to be determined under paragraph 7 of the Regulation. However, before deciding the question of the validity of those alienations the Land…
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