| Citation(s) |
|---|
| 2004 SLG 2603 2004 SLD 2603 2004 PLD 521 |
Lahore High Court
Writ Petition No. 5966 of 1998, heard on 24th February, 2004
TASSADUQ HUSSAIN, JILANI, J
Rana Muhammad Sarwar for Petitioners. Mian Shah Abbas Iqbal for
Respondents Nos.4 to 9. Raja Abdul Rahman, Asstt. A.G. for the State
Writ Petition No. 5966 of 1998, heard on 24th February, 2004
TASSADUQ HUSSAIN, JILANI, J
Rana Muhammad Sarwar for Petitioners. Mian Shah Abbas Iqbal for
Respondents Nos.4 to 9. Raja Abdul Rahman, Asstt. A.G. for the State
ABDUL KHALIQ and 8 others
VS
ASSISTANT COLLECTORNOTIFIED OFFICER, DISTRICT BAKHAR and 11 others
Law:
Section:
(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--------S. 3---Colonization of Government Lands (Punjab) Act (V of 1912), Settlement Scheme, para.29---Constitution of Pakistan (1973). Art.199---Constitutional petition---Allotment of land to evacuee claimant in satisfaction of pending units as per of Supreme Court---Petitioner as tenant under Temporary Cultivation Scheme claimed that such land belonging to Provincial Government and not being available with Notified Officer for allotment could not be allotted to respondent under Rehabilitation Settlement Scheme--Validity---Such land initially belonging to Central Government had been purchased by Provincial Government, when same was allotted to respondent in satisfaction of his pending units---Evacuee claim of respondent had not been challenged---Reference to para.29 of Rehabilitation Settlement Scheme would not be of any avail---No exception could be taken to such allotment---Petitioner being in cultivating possession under Temporary Cultivation Scheme could not make a grievance against its allotment under a permanent scheme--Petitioner had no vested right---High Court dismissed Constitutional petition. Khuda Bakhsh v. Member (Colonies), Board of Revenue and 2 others 1981 SCMR 1134 rel. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Allotment of State land under a permanent scheme---Effect--Tenant in cultivating possession of such land under a Temporary Cultivating Scheme could not make a grievance against its allotment under a permanent scheme. Khuda Bakhsh v. Member (Colonies), Board of Revenue and 2 others 1981 SCMR 1134 rel. JUDGMENT The petitioners have challenged the order dated 15-11-1996 passed by the Notified Officer/Assistant Commissioner/Deputy Settlement Commissioner (Land), Bhakkar in terms of which the land subject-matter of this petition was allotted to respondents Nos.4 to 9 pursuant to the judgment of the august Supreme Court. 2. Facts giving rise to the instant writ petition are that the petitioners are in cultivating possession of land in question, the predecessor-in-interest of respondents No.4 to 9 and a claimant filed Civil Petition…
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