Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 17---Constitution of Pakistan (1973),Art.199---Constitutional jurisdiction, exercise of---Certain area of land out of area purchased by vendee through auction, having been found to be under Abadi, graveyard, school and mosque, Board of Revenue granted other State land situated in same village to vendee as alternate land in lieu of area found in Abadi, graveyard, etc: --Later on certain portion of land so granted to vendee was leased out to petitioner-­Committee for purpose of establishment of a Feeder-Market, but when vendee agitated matter of lease of his land, Board of Revenue cancelled that lease holding on the ground that land in dispute had already been granted to vendee/respondent ---Order cancelling lease was challenged on ground that case being of exchange of land, only Collector was competent to sanction same and Board of Revenue which had granted land in favour of vendee had no jurisdiction to do so---Land in dispute which was granted to vendee as alternate land in lieu of his equivalent area which was found under Abadi and graveyard etc. could not be said to have been given to vendee in exchange as contended by petitioner-Committee---Order granting land in dispute to vendee in lieu of land purchased by him in auction, not shown to be suffering from any legal infirmity, could not be interfered with in Constitutional jurisdiction of High Court especially when that order was just and fair in facts and circumstances of case. JUDGMENT Dispute between the parties viz. Market Committee, Mandi Farooqabad, petitioner and Abdul Rashid, respondent No.2 herein relates to Killas Nos.23 and 24 of Square No.3 situate in village Naukhar, Tehsil and District Sheikhupura. It is an admitted position that State land measuring 110 Kanals and 12 Marlas situate in village Naukhar was purchased in auction by respondent No.2. It appears that 38 Kanals of land out of area purchased by respondent No.2 in auction was found to be under Abadi, graveyard, school and mosque and, therefore, on his application, the Board of Revenue, Punjab granted 38 Kanals of State land comprising Killas Nos.23 and 24 of Square No.3…

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