Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss.' 10(2) & 19-A---Constitution of Pakistan (1973), Art. 199---Allotment of State land under Pedigree Livestock Breeding Scheme---Such allotment whether heritable in accordance with S. 19-A, Colonization of Government Lands (Punjab) Act, 1912---Rule of succession enunciated under Statement of Conditions issued under S. 10(2) of the Act, was a departure from the rule of succession given in S. 19-A of the Act---Statement of conditions specified period of allotment and its renewal for further specified period; it provided that at the expiry of period of allotment, it would be determined, unless, renewed further by District Collector---Statement of Conditions further provided that before expiry of tenancy period, tenant could apply to Collector for its renewal---Rule of succession as provided in the statement of conditions authorized Government to select any of the heirs of deceased allottee for remaining period of leak;---Statement of conditions expressly provided that tenancy would be indivisible---Devolution in terms of S. 19-A of the Act would thus, frustrate the object and nature of allotment under Pedigree Livestock Breeding Scheme---Additionally one of the heirs (eldest son of deceased) of allottee (who was also a Lambardar) on demise of such allottee was appointed Lambardar and thus, lot of State land was linked with his office---Allotment of land to him was grant for the offer also- --Other heirs of deceased allottee had, therefore, no share therein---Petitioner claiming to be one of the heirs of deceased allottee must fail to have a share in the allotment and conferment of proprietary rigthts therein. Colonization of Government Lands (Punjab) Act (V of 1912) by Muhammad Hussain Jahania page 66 under paragaph 7 arid Sub. Muhammad Asghar v. Mst. Safia Begum and another PLD 1976 SC 435 ref. Civil Appeal No. 454 of 1988 ref. ORDER This petition in extraordinary jurisdiction under Article 199 of the 1973. Constitution was against the decision of Secretary (Colonies), Board of Revenue, Punjab, dated 31-8-1994 by which request by the applicant for conferment of proprietary rights was turned…

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