Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)------S. 24---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­ Resumption of petitioner's tenancy by Collector for breach of conditions of tenancy---Petitioner's application for grant of proprietary rights was declined, for he was found ineligible to acquire the same---Validity---Grant of State land would not create any right for allottee of lease holder---State land was always given under certain statement of conditions envisaged in scheme under which allottee was allotted land which was always liable for resumption for violation of statement of conditions under which that lot was given to him---Scheme for conferment of proprietary rights envisaged cultivation for specified period on. basis whereof, entitlement for conferring of proprietary rights could be established---Petitioner was found eligible for conferring-of proprietaty rights on basis of his proved cultivation for specific period---Petitioner having completed his period of specified cultivation to satisfaction of Authorities, thereafter, discontinuation .of possession could not be made ground for refusal to confer proprietary rights and resumption of tenancy---Non-compliance of statement of conditions would although give right to Revenue Authorities to resume land or cancel the same yet notice was pre-condition for resumption or cancellation of such land---No notice having been given to allottee (petitioner) and he having deposited dues pertaining to proprietary rights with permission of -Revenue Authorities, he would be entitled to acquire proprietary rights---Property in question was in possession of petitioner's predecessor from 1954 and after his death it remained in petitioners' possession who were his legal heirs---Order of Authorities declining to grant proprietary rights to petitioner and order to resume land in question were set aside in circumstances. Sher Muhammad Khan and others v. Ilam Din and others 1994 SCMR 470; Ghulam Rasul and others v. Muhammad Anwar and others 1969 SCMR 254; Hakim Ali and another v. Atta Muhammad and others 1981 SCMR 993 and Riaz Hussain Shah v. Member, Board of Revenue (Colony),…

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