Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-----S. 10--Constitution of Pakistan (1973), Art. 185(3)--State land-­Grant of--Petitioner's father granted land measuring two squares on Abadkari conditions on 6-5-1954 by Revenue Minister--Such allotments, by subsequent decisions, was limited to 121 acres and remainder resumed--Statement of conditions of Scheme (1949) contained a ceiling of 121 acres and allotments made by the Minister in excess of ceiling prescribed under the scheme could not be legally protected--Such illegality, held, could not be blessed by passage of time or by care and investment of petitioners because ignorance of law could not be avail to any one nor could it cure the illegality--Analogy of fraud by a party in obtaining land and statutory provision preventing reopening of such cases of fraud after passage of time was not relevant for curing illegality committed by a statutory functionary in defiance of a superior statutory dispensation--No express provision exists requiring hearing of beneficiary before reversing an illegal act of a statutory functionary--Requirement of principle of natural justice, however, was amply satisfied by a full dress hearing of petitioners in three Courts having plenary jurisdiction in matter--Petition being without any merit, leave to appeal refused. ORDER SHAFIUR RAHMAN, J.--The petitioners, who have been partially successful as plaintiffs, seek leave to appeal against the judgment of the Lahore High Court dated 9-7-1985 whereby regular second appeal filed by them was dismissed in limine. 2. At this stage, the case of the petitioners is that Dr. Abdul Haq, their father had been granted by the Revenue Minister land measuring 2 squares on Abadkari conditions on 6-5-1954. The order was implemented by the Deputy Commissioner, Rahim Yar Khan on 30-3-1955. By personal efforts and after investing huge amount, land was improved and brought under cultivation. By decisions subsequently taken, it was decided to limit the allotment to 121 acres and to resume the remainder. This brought the petitioners and others similarly affected to the civil Court where the matter was contested and by a Ali Sher v. Bilqees…

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