Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- S. 10(4)--State land-Transfer by public auction-Highest bid of petitioner for leasehold rights of State land confirmed by Commissioner but recalled before issuance of formal letter of allotment-Contention that case being of a contractual obligation and petitioner having had a vested right created in his favour, land be directed to be leased out to him-Held: Petitioner if seeking enforcement of a contractual obligation proper remedy lay in invoking jurisdiction of a civil Court by means of a regular suit-Petitioner if on other hand sought an effective constitutional remedy by way of judicial review of an executive order, question would naturally arise whether he acquired any vested right in terms of statute under which leasehold rights granted in State lands-Collector having not till then passed a written order and petitioner having not taken possession of land in accordance with procedure outlined in S. 10(4) of Punjab Act V of 1912, High Court, held, rightly held petitioner not having till then been vested with rights of a leaseholder under law. (b) West Pakistan General Clauses Act (VI of 1956)- S. 21-Statutory and executive authorities, held, have locus poenitentiae to recall an order if no affective steps taken, till then in implementation thereof.-[Locus poeaitentiae]. ORDER ANWARUL HAQ, C. J.-This petition seeks leave to appeal against the judgment of the Lahore High Court dated the 13th of October, 1980, by which a Constitution petition filed by the petitioner in the matter of the grant of tenancy in an area of State agricultural land situate in the Jhang District; was dismissed. The petitioner was the highest bidder at an auction of the leasehold rights for 10 years from 1969 to 1979 and the auction was confirmed by the Divisional Commissioner, but before the formal letter of allotment could be issued by the Collector of the District, the Commissioner recalled his approval in pursuance of a directive issued by the Provincial Governor to the effect that the auction of State lands should be suspended. It appears, however, that the petitioner somehow managed to obtain possession of the land,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492