Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 19

Colonization of Government Lands (Punjab) Act (V of 1912)--   ---S.19--Appellant transferring his grant after obtaining permission from Collector-- Board of Revenue taking proceedings at back of appellant without affording him an opportunity of being heard-­Impugned order, held, was without jurisdiction as apparently no opportunity of being heard was afforded to appellant by Board of Revenue before passing its order--Case was remanded for hearing afresh after affording opportunity to appellant and other affected parties.   JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave from the judgment of a learned Single Judge of the Lahore High Court, dated 23-11-1981. 2. The appellant as well as Rehmat Ali were both ejected tenants who had received allotment of Government land under the Colonization of Government Lands Act. Both cf them had complied with the terms and conditions of the grant and were adjudged by the Commissioner to be entitled to acquire proprietary rights. By a triangular arrangement between himself, Rehmat Ali and one Khushi Muhammad, the, appellant sought permission of the Collector to transfer his grant in favour of Khushi Muhammad and obtained it. By another arrangement, Rehmat Ali got sanction of the Collector to transfer his grant in favour of the appellant. The transfers were given effect to in the revenue record through mutations in 1967. It was in 1976 when Rehmat Ali (respondent No.2) moved the Board of Revenue seeking reversal of the sanction under section 19 of the Colonization of Government Lands Act on the ground that he had been subjected to fraud. While examining the question, the Board of Revenue, vide its letter dated 1-4-1977, held the sanction granted by the Collector in December, 1966 under section 19 to be void because the Board of Revenue by a circular in July, 1966 informed all the subordinate authorities that permission for transfers of the grant made to the ejected tenants should not be allowed because it was difficult to ensure satisfaction of the conditions of the grant. The Collector gave effect to the orders of the Board of Revenue and reviewed the mutation earlier sanctioned in favour of the…

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