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

Section: 30(2),36

(a) Colonization of Government Lands (Punjab) Act (V of 1912)----- S. 30(2) --- Resumption of land by Board of Revenue in respect of ' which proprietary rights had been acquired --- Essentials --- Board of Revenue being empowered to resume such land, inquiry resulting in the resumption order must be conducted by the Board of Revenue itself --- Power to resume was however, subject to the necessary condition precedent that tenancy rights had been acquired by means of fraud or misrepresentation; such fact being jurisdictional fact, power of Board of Revenue to resume such land would depend upon the establishment of that fact --- Board of Revenue itself did not hold any inquiry but based its order on the oral statements of Secretary, Town Committee and Patwari which were not relevant as respondent who had acquired proprietary rights was not a party in that proceeding --- Material before Board of Revenue was not sufficient for a finding that tenancy rights in resumed land had been acquired by the tenant (who was subsequently conferred proprietary rights) by misrepresentation or fraud --- No collusion between tenant and revenue staff was established --- Necessary substratum of fact having not been laid, Board of Revenue exceeded its powers under S.30(2), Colonization of Government Lands (Punjab) Act, 1912, and thus, its order resuming land in question, was ultra vires of that section. [p. 1161 A(b) Colonization of Government Lands (Punjab) Aq$ (V of 1912)------ Ss. 36 & 30(2) --- Exclusion of jurisdiction of civil Courts when not attracted --- Where Board of Revenue, while resuming land had exceeded its powers under S.30(~), Colonization of Government Lands (Punjab) Act, 1912, and its order was ultra vires of that section, bar contained in S.36, Colonization of Government Lands (Punjab) Act, 1912, was not attracted.Muhammad Shafi v. Member, Board of Revenue and others 1985 CLC 2991 and Muhammad Sharif v. Muhammad Sadiq and another 1985 CLC 1645 ref.JUDGMENT The, facts leading to this petition under section 115, C.F.C. by the Province ot'th'e Punjab are as follows: 2. The defendant, Eida (he has died; he was not made a party in the appeal before the…