| Citation(s) |
|---|
| 1981 SLG 1489 1981 SLD 1489 1981 PLD 348 |
Lahore High Court
Review Application No. 61 of 1979, decided on 8th July 1980
, JAVID LQBAL AND SAAD SAOOD, JAN, JJ
G. A. Farid Khan for Petitioner. M. Nazir Shaikh for
Respondent
Review Application No. 61 of 1979, decided on 8th July 1980
, JAVID LQBAL AND SAAD SAOOD, JAN, JJ
G. A. Farid Khan for Petitioner. M. Nazir Shaikh for
Respondent
ABDUR RAHMAN
VS
GHULAM FARID--Respondent
Law:
Section:
Constitution of Pakistan (1973)-- -- Art. 199 read with Civil Procedure Code (V of 1908), O. I, r. 10-Writ-lnipleading of parties-Opportunity of hearing-Allottee of Govt. land failing co get relief from revenue authorities regarding cancellation of his allotment of land filing writ petition and on Advocate-General's statement that Government had no objection to its acceptance writ petition accepted and orders of revenue authorities set aside-Meanwhile Collector allotting land to some other person and such person selling same to applicant and applicant acquiring proprietary rights Provincial Government having already transferred all its rights inland and having had no interest left prior to statement of Advocate-General and applicant having had substantial interest in result of writ petition. such petition, held, could not be disposed of without hearing applicants. JUDGMENT SAAR SAOOD JAN, J. Through this application the applicant seeks review of the order made on 18-12-1975 by Muhammad Iqbal, C. J. 2. The facts in this case are as follows : Ghulam Farid, respondent No. 1 in this application, was allotted some land under the Grow More Food Scheme. On 19-11-1965 the Collector cancelled the allotment. Ghulam Farid preferred 'an appeal with the Commissioner which was dismissed .on 21-9-1966. He went in revision before the Board of Revenue but his. revision petition also met the same fate on 1rs-5-1967. He then filed a review petition before the Board of Revenue but this too was rejected on 17-10-1967. After failing to get relief from the higher revenue authorities he instituted a writ petition in this Court which was admitted to regular hearing on 5-2-1968. This writ petition came up for regular hearing before Muhammad Iqbal, C. J. on 18-12-1976. On the statement made by the Advocate-General that Government bad no objection to the acceptance of the writ petition, his Lordship allowed the same and inter alia set aside the orders of the revenue authorities. 3. In the meanwhile, after cancelling the allotment made in favour of, Ghulam Farid the…
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