| Citation(s) |
|---|
| 2010 SLG 2577 = 2010 SLD 2577 = 2010 YLR 1734 |
Lahore High Court
Writ Petition No.6148 of 2010, decided on 30th March, 2010.
Presented By: Ch. Muhammad Tariq, J
Writ Petition No.6148 of 2010, decided on 30th March, 2010.
Presented By: Ch. Muhammad Tariq, J
Mst. ZAHIDA MAQBOOL---Petitioner
VERSUS
MEMBER (COLONIES), BOARD OF REVENUE and 4 others---Respondents
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---Constitution of Pakistan (1973), Arts. 4, 25 & 199---Constitutional petition---Animal Breeding Scheme---Non- renewal of lease of State land in favour of petitioner for being a civilian despite having shown satisfactory results for last fifty years after spending huge amount on its development and improvement, but its allotment in favour of an Army Officer---Validity---Lease deed in favour of petitioner contained an arbitration clause for resolution of any difference or dispute between parties---Present matter could be referred to arbitrators for decision---Petitioner had more than one alternative remedies before higher revenue authorities under law including provision of arbitration---Constitutional petition was not maintainable---High Court directed petitioner to approach competent forum and directed authority not to dispossess him from suit land for four weeks to enable him to avail alternate remedies. Pir Sabir Shah v. Shah Muhammad Khan PLD 1995 SC 66 rel. Malik Muhammad Akram Khan for Petitioner. ORDER CH. MUHAMMAD TARIQ, J.---Learned counsel for the petitioner amongst other contends that area measuring 822 Kanals was leased out to the petitioner in Chak No.34/2 R for animal breeding in the colony area in square Nos.24, 25, 26, 33, 34 and 69. He further contends that after the demise of petitioners husband, the petitioner planted mango garden on five acres of land and also built a house on the area of 16 Kanals 11 Marlas, constructed stables, servant quarter and installed three tube-wells and also grazing paddock and dry paddock. It is further contended that a number of mules and mares are present in the stable and the petitioner have been showing satisfactory result of this tenancy for the last more than fifty years. Learned counsel for the petitioner further contends that her father in law Nawab Sir Mehr Shah and her husband Syed Maqbool Shah also served the respondent and had given good result but despite of petitioner's extraordinary performance, vide letter No.25-12-2008, District Remount Officer required the petitioner to surrender 2 squares of stud land in the light of…