| Citation(s) |
|---|
| 1996 SLG 1379 1996 SLD 1379 1996 CLC 676 |
Sindh High Court
Constitutional Petition No. 960 of 1993, decision dated: 15-03-1995
ABDUL RAHIM KAZI AND MRS. MAJIDA RAZVI, JJ
Ghulam Hussain Abbasi for Petitioner. K.M. Nadeem, Asstt. A.G. for
Respondents
Constitutional Petition No. 960 of 1993, decision dated: 15-03-1995
ABDUL RAHIM KAZI AND MRS. MAJIDA RAZVI, JJ
Ghulam Hussain Abbasi for Petitioner. K.M. Nadeem, Asstt. A.G. for
Respondents
AZIZULLAH BHUTTO
VS
GOVERNMENT OF SINDH through Secretary, Revenue Department and 2 others
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Land Grant Policy (1973) para. 11(4)---Petitioner was granted State land in terms of Land Grant Policy of 1973 and his possession remained uninterrupted till issuance of subsequent Land Grant Policy (1973)---Petitioner's application for renewal of lease was turned down---Validity---Subsequent Land Grant. Policy of 1993, provided that allotment must be made through open Katchery---Land in question, had not been allotted as yet to any other person nor open Katchery had been held for allotment of the same---Petitioner would be entitled to bid for the grant of land in open Katchery when occasion for same would arise---Notice issued to petitioner for vacating land in question was set aside and respondents were directed to allow petitioner to participate in open Katchery for disposal of land in question as and when such occasion would arise and till then he would not be dispossessed---Right of petitioner to the grant of such lease would be decided in accordance with law by Revenue Authorities while disposing of such land in open Katchery. Muhammad Asghar v. Mst. Safia Begum PLD 1976 SC 435 ref. JUDGMENT ABDUL RAHIM KAZI, J.---This petition has been filed seeking the following reliefs: (1) That this Honourable Court be pleased to declare that the impugned Rubkari (Order dated. 10-2-1993) issued is without lawful authority and as such it is illegal. (ii) To direct the respondents to renew the petitioner's lease and/or to transfer the land permanently to his name as provided under the relevant law. (iii) Any other relief that this Honourable Court be pleased to give and' grant under the circumstances of the petitioner's case. The case of the. petitioner is that the petitioner being a tiller of the soil resides on the Daryakhurdi Katcha land situate in Deh Dodo Bhutto, Taluka Gambat, District Khaipur and was granted a lease of 64 acres of the said land for ten years vide Ijazatnama, issued on 20-1-1972. This lease was renewed for a further period of ten years vide another Ijazatnama issued on 30-4-1985. According to the petitioner,…
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