Case Details

Citation(s)
2001 SLG 3067 = 2001 SLD 3067 = 2001 CLC 375
Board of Revenue, Punjab
R.O.R. No.2469 of 1995, decided on 18th July, 2000.
Presented By: Shahzad Hassan Pervez, Member (Judicial-I)
Ch. Muhammad Rafique Warraich for Petitioners.

SHAUKAT ALI and 26 others---Petitioners

VERSUS

PROVINCE OF THE PUNJAB through Secretary (Revenue), Punjab, Lahore---Respondent

Law: West Pakistan Land Revenue Act, 1967

Section: 44, 45, 172

Law: Displaced Persons (Land Settlement) Act, 1958

Section: 4, 10

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2

(a) West Pakistan Land Revenue Act (XVII of 1967) Ss. 44, 45 & 172(vi)---Allotment of land---Jurisdiction of Civil Court to issue directions to Revenue functionaries---Extent---Directions could be issued by Civil Court to Revenue' functionaries to give effect to any determination made by it in respect of title, right, interest of an individual in some property. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958) Ss. 4.& 10---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975); S.2---Repeal of Displaced Persons (Land Settlement) Act, 1958---Effect- --Jurisdiction of Settlement Authority---Settlement Authority could not interfere after repeal of Displaced Persons (Land Settlement) Act, 1958 except in cases which were instituted before 1-7-1974 or which had been remanded by Supreme Court or a High Court---Allotment obtained on the basis of forged or fabricated orders was total nullity in the eyes of law and should be ignored as non-existent and land should be treated as still available for disposal. PLD 1991 SC 691 ref. (c) West Pakistan Land Revenue Act (XVII of 1967) S. 164---Revisional jurisdiction, exercise of---Concurrent findings of Authorities below not suffering from any legal lacuna, could not be interfered with in revision.                                                                                                                  ORDER On a complaint submitted by one Muhammad Raza, an enquiry was conducted by the Chief Minister's Inspection Team into the alleged fraudulent and fictitious creation of rights in land belonging to the Government. The report was submitted to the Chief Minister on, 27th April, 1988. The Chief Minister, Punjab vide his order, dated 17th August, 1988 approved the proposals submitted by Member (Revenue), Board of Revenue, Punjab who had endorsed the findings of C.M.I.T. to the effect that serious…
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