Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 10, 19-A & 30(b)---Notification No.1925-83/1253-CLI, dated 20-4-1983---Constitution of Pakistan (1973), Art.199---Constitutional petition---Cancellation of conveyance deed granting proprietary rights to legal heirs of original lessee on the ground of concealment- of material facts---Validity---Board of Revenue had absolute discretion in grant of such rights And selection of grantees under such notification---Person owning land equal to or more than subsisting holding and not in. cultivating possession of leased land or having acquired land in any other scheme was not entitled to grant of proprietary rights under such notification---Lease in favour of original lessee had terminated forthwith after his death-- -Petitioners were neither in cultivating possession of land leased out to their predecessor nor were lessee thereof nor had taken possession thereof with permission of the Collector---Original lessee had died in the midst of lease period, thus, possession of petitioners for left over period could not legitimize his possession---One petitioner had obtained land in another scheme and was owner of land more than subsisting holding---Original lessee had died as lessee and not as grantee or tenant of land, thus, provision of S.19-A of Colonization of Government Lands (Punjab) Act, 1912 would not be attracted to case of petitioners---Original lessee had not been granted right to purchase proprietary rights, thus, petitioners, being his legal heirs were not declared as "eligible" for its grant under such notification---Petitioners had failed to fulfil conditions prerequisite for grant of proprietary rights under such notification---Petitioners had acquired proprietary rights through fraud or misrepresentation---Board of Revenue had rightly cancelled conveyance deed in exercise of powers under S.30(b) of the Act---High Court dismissed Constitutional petition in limine. Sharif Haroon v. Province of the Sindh through the Secretary, Government of Sindh and another PLD 2003 Kar: 237 and Hakam Dad v. Province of Punjab 2003 CLC 240 rel. (b) Colonization of Government Lands (Punjab) Act (V of…

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