Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 24---Constitution of Pakistan (1973), Art. 199---Cancellation of allotment of land without notice to affected person---Validity---Land in question earlier allotted in favour of petitioner was cancelled and then allotted to respondent--­Petitioner's plea in appeal that land in question was allotted to him in lieu of his "Darya Burd" land and therefore, same was not available for allotment was not accepted by Commissioner in appeal---Board of Revenue, also dismissed petitioner's revision---Petitioner claiming to be the allottee of land, although could not produce copy of order of Collector whereby allotment was allegedly made in his favour, yet entry in "Roznamcha Waqiati", showed that land in question was allotted to petitioner by order of Collector---Entries in Jamabandi for specific years as also entry in Khasra Girdawari showed petitioner to be "Ghair Morusi Baseegha Darya Burdi"---All such documents, unless rebutted in a proper enquiry, prima facie, lent some support to petitioner's contention that land in question was allotted to him, though temporarily, in lieu of his "Darya Burdi" land---Question whether such land was allotted to petitioner by order of Collector, and whether allotment of same was made in lieu of petitioner's "Darya Burdi" land, could only be determined in a proper inquiry and after examination of relevant record, which inquiry could not be undertaken in Constitutional proceedings---No inquiry admittedly was conducted at appropriate level before Collector passed the impugned order allotting the land in question to respondent---Inquiry was eminently warranted in the facts and circumstances of case, particularly in view of entries in Revenue Record---Constitutional petition was allowed against order of cancellation of allotment and case was remanded to Collector for holding proper inquiry in accordance with law. JUDGMENT This Constitutional petition is directed against the order of the Member (Colonies), Board of Revenue, Punjab, dated 6-6-1972, whereby he had rejected the petitioner's revision petition against the dismissal of his appeal by the Additional Commissioner in…

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