Law:

Section:

Ejected Tenants Scheme---- Para.2(xi)--Constitution of Pakistan (1973), Art.185(3)--Letter No.Col-8/24­57(4167) dated 8th October, 1960 issued by Government of West Pakistan, Revenue and Rehabilitation Department--Leave to appeal granted to consider whether option to purchase vide letter dated 8-10-1960 will have to be exercised for the whole lot with a person and not only in respect of only a part of it and whether High Court had acted illegaly in relying on the instructions issued by Government on 22-1-1971 which were not retrospective in operation and thus refused petitioner's claim to the entire land. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal from the order of a learned Single Judge of the Lahore High Court, dated 7-3-1981, whereby the constitutional petition filed by the petitioner was dismissed. 2. The petitioner was allotted State land measuring 71 kanals 4 marlas situate in Chak No.200/GB, Tebs'1 Samundri District Faisalabad, under the Tenants Scheme which was later on converted into `Ejected Tenants Scheme'. An application was made by the petitioner for grant of proprietary rights in respect of the aforesaid land under the instructions issued by the Government of West Pakistan in 1960. 3. In the year 1969 the Collector, Faisalabad, resumed an area comprising Killa Nos. 19 and 20 of square No.43 and reserved the same for chiragah vide order, dated 14-1-1969. This was appealed against before the Additiona. Commissioner who accepted the same on 14-9-1977 and remanded the case to the Collector for decision afresh. As a result of hearing the Collector, Faisalabad, vide his order dated 2-5-1979 allowed the petitioner to acquire proprietary right` of area measuring 64 Kanals out of the allotment held by him and resumed the remaining 7 kanals 4 marlas. The appeal of the…

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