| Citation(s) |
|---|
| 1994 SLG 1086 1994 SLD 1086 1994 CLC 1667 |
Lahore High Court
Writ Petition No. 670 of 1969, heard on 20th November 1993
KHALIL-UR-REHMAN KHAN, J
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Writ Petition No. 670 of 1969, heard on 20th November 1993
KHALIL-UR-REHMAN KHAN, J
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TALIB HUSSAIN
VS
MEMBER, BOARD OF REVENUE and others
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 10---Allotment of land under Bara Scheme---Land allotted to petitioner under Bara Scheme was subsequently cancelled by Authorities pursuant to direction of Board of Revenue---Authorities while cancelling allotment had not taken into account directions given by Commissioner in other cases of similar nature---Commissioner in such other cases had observed that it would be more appropriate if fresh reports were called for before passing cancellation order--Allottee should have been given same treatment as was given in case of similar allottees ---Case was remanded to be decided afresh in accordance with law in light of observation of Commissioner in similar cases. Muhammad Rafiq Iqbal for Petitioner. Abdul Sattar Najam, A.-G., with M/s Muhammad Tahir and Pervaiz Malik for Respondents. Date of hearing: 20th November, 1993. JUDGMENT Talib Hussain petitioner was granted Lot No. 5 in Chak No.6/3L Tehsil Shdrkot, District Jhang under'B'ara Scheme by the Collector Jhang, in the year 1950. This lot was cancelled from his name by the learned Collector vide order dated 20-12-1967 pursuant to the direction of the Board of Revenue conveyed vide Memo. No. 1169-66/1854 dated 7-6-1966, as the Reclamation Officer had reported that the allottee had reclaimed area to the extent of 63.78% as against the requisite percentage of 80%. The case of the petitioner was that he by the time of hearing of the matter by the Collector had in fact reclaimed more than 80% of the land. This aspect of the matter was not gone into and ultimately order was passed cancelling the lot as another Memo dated 16-9-1967 of the Board of Revenue had directed that the position as obtaining at the time of issuance of the aforementioned letter be taken into account. The order dated 20-12-1967 was unsuccessfully appealed against. The appeal was dismissed by the learned Commissioner vide order dated 14-5-1968. The revision before the learned Member,…
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