Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 10 & 30---Constitution of Pakistan (1973), Art.185(3)---Lessee under temporary cultivation scheme---Conferment of proprietary rights upon such lessee (respondent) on promulgation of Notification dated 3-9-1979---Collector set aside such order on objection of petitioner---Additional Commissioner accepted appeal of respondent, but Board of Revenue accepted revision filed by petitioner---High Court in Constitutional petition set aside order of Board of Revenue---Validity---Respondent being lessee of disputed land had got better claim over proprietary rights as compared to the petitioner---Impugned did not suffer from any illegality---Supreme Court dismissed petition and refused leave to appeal. Ch. Muhammad Anwar Khan, Advocate Supreme Court for Petitioner. Muhammad Ashraf Wahla, Advocate Supreme Court for Respondent No.1. Javed Iqbal, Superintendent Litigation for Respondent No.3. Muhammad Ashraf, Naib Tehsildar for Respondent No.4. Date of hearing: 10th January, 2003. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 18-10-1999 of the learned Single Judge of the Lahore High Court, Lahore, whereby Writ Petition No.3597 of 1984 filed by respondent No.1, Wali Muhammad, was accepted setting aside the earlier order, dated 31-5-1984 of the learned Member, Board of Revenue, Lahore, as having been passed without lawful authority and of no legal effect. The facts briefly narrated are that admittedly respondent No.1 was a lessee of land measuring 74 Kanals, 17 Marlas under 10 years lease scheme from Kharif, 1969 onwards. The Government of the Punjab in the Colonies Department promulgated a notification on 3-9-1979 providing for conferment of proprietary rights on the lessees of temporary cultivation schemes. On the promulgation of this notification, the Collector allowed the respondent to secure proprietary rights vide his order, dated 14-10-1982. The present petitioner took objection to the same, which…

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