Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Constitution of Pakistan (1973), Art. 199---Allotment of land---Land in dispute was being leased on yearly basis for temporary cultivation through open auction and petitioner was highest successful bidder---Land, presently was in possession of Irrigation Department and petitioner moved an application before Department for grant of `No-Objection Certificate' to the effect that land was no more required by Department which application was rejected---Grievance of petitioner in-Constitutional petition was that direction be issued to Department that land in dispute be handed over to Revenue Authority from where petitioner could purchase same---Petitioner had no right to insist that Department should hand over disputed land in favour of Board of Revenue and that a N.O.C. must be issued that Department did not require land for their use and occupation. JUDGMENT The main grievance of petitioner is that the disputed land is in possession of the Irrigation Department and a direction be issued that the same may be handed over to the Revenue Department from where the petitioner may be able to purchase this land. 2. The Executive Engineer, Khanwah Division, DCC Sahiwal has filed a report to the effect that disputed land was being leased on yearly basis for temporary cultivation since 1979-80 through open auction and petitioner was the highest successful bidder. Writ Petition No.5146-80 was filed by him against the auction and the same was dismissed on 3-7-1983. In the meantime, the petitioner moved an application for No-Objection Certificate which was not granted by letter dated 12-11-1986. By "NOC" the petitioner means that Irrigation Department should authenticate that they do not require the disputed land and then the same can be placed at the disposal of Board of Revenue. The petitioner has now filed this Constitutional petition against letter dated 12-11-1986 by which N.O.C has been refused. This letter is issued by the Section Officer (Operation), Government of the Punjab Irrigation & Power Department to the Colony Assistant Pakpattan Sharif in the following manner:-- "This Department is not…

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