| Citation(s) |
|---|
| 1999 SLG 391 1999 SLD 391 1999 SCMR 1331 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2153-L of 1996, decision dated: 4-02-1998. (On appeal from the judgment/order dated 7-10-1996, of the Lahore High Court, Lahore, passed in W. P. No.17950/96)
SH. IJAZ NISAR AND SH. RIAZ AHMED, JJ
Zahid Hussain Khan, Advocate Supreme Court for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No.2153-L of 1996, decision dated: 4-02-1998. (On appeal from the judgment/order dated 7-10-1996, of the Lahore High Court, Lahore, passed in W. P. No.17950/96)
SH. IJAZ NISAR AND SH. RIAZ AHMED, JJ
Zahid Hussain Khan, Advocate Supreme Court for Petitioner. Nemo for
Respondents
MUHAMMAD ASLAM-
VS
MUHAMMAD ISMAIL and others
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)--S. 32/34---Constitution of Pakistan (1973), Art. 185(3)---Illegal occupation of Government land by petitioner---Appropriate action .proposed by Assistant Commissioner. against petitioner was maintained up to Board of Revenue--Petitioner's Constitutional petition was dismissed by High Court ---Validity--High Court on basis of material on record had found that petitioner had been shown as illegal occupant of land in question, in Khasra Girdawari, therefore, he was not entitled to any relief in equitable and discretionary jurisdiction of Court---Petitioner's claim that there had been gross misreading of Revenue Record and that proper opportunity of hearing was not afforded to him to establish his claim, was repelled ---Khasra Girdawari produced by petitioner and relied upon by him clearly indicated that he was illegal occupant of land in question---Petitioner having failed to show his legal claim on that piece of land, in question, was rightly not considered entitled to discretionary relief---Leave to appeal was refused in circumstances. JUDGMENT SH. IJAZ NISAR, J.---Leave is sought against the order dated 7-10-1996 passed by the Lahore High Court, Lahore, dismissing the writ petition of Muhammad Aslam petitioner. 2. The relevant facts are that an application was filed before A.C. Chiniot alleging that the land measuring 36 Kanals forming subject of Chowkidari grant was in illegal possession of the petitioner,: An inquiry was held and the allegations were found to be correct. The A.C. Chiniot directed that the crop sown in the land in question be given on Superdari to somebody and if no one was prepared to take the same the…
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