| Citation(s) |
|---|
| 2001 SLG 3168 = 2001 SLD 3168 = 2001 CLC 564 |
Lahore High Court
Writ Petition No.740 of 1990, heard on 14th December, 2000.
Presented By: Syed Zahid Hussain, J
Shehzad Shaukat for Petitioners. Muhammad Hanif Khatana, Addl. A.-G. for
Respondent.
Writ Petition No.740 of 1990, heard on 14th December, 2000.
Presented By: Syed Zahid Hussain, J
Shehzad Shaukat for Petitioners. Muhammad Hanif Khatana, Addl. A.-G. for
Respondent.
Ch. MUHAMMAD WASI and 9 others---Petitioners
VERSUS
MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE---Respondent
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 30(2)
Law: Constitution of Pakistan, 1973
Section: 199
Colonization of Government Lands (Punjab) Act (V of 1912) S. 30(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Past and closed transaction---Grow More Food Scheme-- Proprietary right, grant of ---Suo motu revisional powers of Board of Revenue---Proprietary rights granted in favour of the petitioner were confirmed up to the Board of Revenue as far back as 1967---Long thereafter in exercise of suo motu jurisdiction, Board of Revenue re-opened the matter---Application of the petitioner objecting the proceedings was dismissed by the Board of Revenue on 1-2-1990---Validity---Transaction which had matured and had come into existence as a result of judicial orders passed in the hierarchy was not open to scrutiny over again by the Board of Revenue on the same allegations already dealt with properly---Assumption of jurisdiction, in circumstances, by the Board was illegal and without lawful authority. Ghous Muhammad v. Member (Colonies), Board of Revenue, Punjab, Lahore 1986 MLD 997; Mst. Abeda Begum v. Government , of Pakistan and others 1985 CLC 2859; Shameer and others v. Member (Colonies), Board and others 1994 CLC 904; Anjuman-e-Ahmadiya, Sargodha v. The Deputy Commissioner, Sargodha and others PLD 1966 SC 639 and The Majlis-e-Intizamia, Jamia Masjid, Ghulam Muhammad Abad Colony, Lyallpur v. The Secretary to Government of West Pakistan, Communication and Works Department, Lahore PLD 1975 SC 355 ref. Date of hearing: 14th December, 2000. JUDGMENT Some State land was allotted to the petitioners under Grow More Food Scheme. They were put into possession. They claimed to have made huge investment, made the same culturable and tubewells installed for that purpose. It was…