Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 10---Constitution of Pakistan (1973), Art. 199---Horse breeding tenancy---Eligibility for re-allotment of tenancy after death of original tenant--­Dispute between heirs of original tenant---Deputy Commissioner recommending respondent for allotment of land in question, on the ground that he had been assisting his father (original tenant) during his lifetime in maintenance of mare and the land---Deputy Commissioner's recommendations were maintained by the Revenue hierarchy up to the Board of Revenue--­Validity---Matter of allotment of land after the death of original tenant, was within the exclusive domain of Revenue Authorities and if any factual enquiry was to be made, it could be done by the Revenue Authorities and not by the High Court in exercise of its Constitutional jurisdiction---Deputy Commissioner was the primary man, who had visited the tenancy, and on making contact with all concerned, including respectables of the village, had formed impression that amongst the main contestants, respondent was better qualified for the allotment of land (leased out) for animal breeding---High Court, in exercise of its Constitutional jurisdiction did not find any valid premises for interfering with the order of Deputy Commissioner (Collector), upheld by the Commissioner and Board of Revenue---Constitutional petition was dismissed in circumstances. Sh. Zia-ud-Din Ahmad for Petitioner. ORDER A horse-breeding tenancy, measuring one square, comprised in Khasra No. 68; situate in Chak No. 132/16-L, Tehsil Mian Channun, District Khaaewal, had been allotted to one Ali Muhammad, on whose death, in June, 2988, the District Remount Officer, Sahiwal, on 21-1-1989, reported that none of the legal heirs of the original tenant being eligible for re-allotment of the tenancy, the same was liable to resumption. He had actually strived hard to effect a compromise amongst sons and daughters of the deceased, ten in number, and on failure had made such a recommendation. In his report dated 21-1-1989, the District Remount Officer had recorded his observation to the effect that no body was ready to relinquish his claim in…

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