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Constitution of Pakistan (1973)----Art.185 (3)--Colonization of Government Lands (Punjab) Act (V of 1912), S.36--Grow More Food Scheme--Allotment of State land under-­Grant of proprietary rights--Petitioner found to be ineligible by Collector after scrutiny--No express provision of law or any relevant rule found to have been disregarded--Concurrent finding of three Courts below that suit against resumption of allotment was barred by S.36 of Act-­Held, not open to exception--Leave to appeal refused. Rana Abdur Rahim Khan, Advocate Supreme Court instructed by Rana Maqbool Ahmad Kadri, Advocate-on-Record (absent) for Petitioner. Rao Muhammad Yousaf, Advocate Supreme Court for Respondent No. 1. Date of hearing: 20th June, 1984. ORDER M.S.H. QURAISHI, J.-- The dispute relates to the refusal by the Revenue authorities to grant proprietary rights to the petitioner in respect of land measuring 13 acres situate in Chak No.8l W.B, Tehsil and District Vehari. The land had been allotted to the petitioner on 29-11-1956 under the Grow More Food Scheme for three years which period was subsequently extended to five years. Instructions were received on 8-8-1962 for grant of proprietary rights to all bona fide Grow More Food lessees whose term of the lease had expired in Rabi 1962 or later. But the Collector, by his dated 14-12-1962 held the petitioner ineligible for the reason that his allotment expired prior to the appointed time. The petitioner's appeal before the Additional Commissioner, however, succeeded on 16-5-1963, mainly on the ground that he had cultivated more than 50% of the land and that as possession had been given to him in December, 1956 his lease would expire after the appointed time. Notwithstanding the appellate order, the Collector, in the light of new instructions received from the Board of Revenue, dated 23-8-1965, for fresh scrutiny in all such cases before the grant of proprietary rights, again held the petitioner ineligible vide order dated 7-2-1966, for the reasons that (1) his allotment had expired prior to the specified time, (2) he had been given the land on tender in 1961-62 and, therefore, his allotment was not in existence nor was he a tenant at…

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