| Citation(s) |
|---|
| 2002 SLG 1783 2002 SLD 1783 2002 CLC 279 |
Lahore High Court
Writ Petition No. 1296 of 1989/BWP, heard on 29-03-2001
SHEIKH ABDUR RAZZAQ, J
Raja M. Sohail Iftikhar for Petitioner. M.A. Farazi for
Respondents
Writ Petition No. 1296 of 1989/BWP, heard on 29-03-2001
SHEIKH ABDUR RAZZAQ, J
Raja M. Sohail Iftikhar for Petitioner. M.A. Farazi for
Respondents
MUHAMMAD SHAFEEQ
VS
MEMBER, BOARD OF REVENUE (COLONIES), PUNJAB, LAHORE and another
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss.10 & 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Cancellation of allotment of land---Land in dispute was allotted to the allottee vide allotment order and proprietary rights were also conferred upon him---Allotment was subsequently cancelled on the application of Mukhbar mainly on the ground that allottee was a minor at the time of allotment in his favour---Authority while coming to the conclusion that the allottee was minor, had placed reliance upon School Leaving Certificate as well as Form B filed with Registration Office which were annexed with the application of Mukhbar---Allottee got himself medically examined from Medical Superintendent, District Headquarters Hospital and was adjudged to be of 24 years' old at the time of allotment in his favour---Such aspect of the matter was not taken into consideration by the Authority while cancelling the allotment---Land allotted to the allottee having been cancelled after 11 years of its allotment on the ground that the allottee was a minor, without adopting proper procedure regarding the determination of his age, order cancelling allotment was set aside in the interest of justice and case was remanded with direction to the Authorities to get allottee medically examined from a competent surgeon and to dispose of the matter in accordance with law. JUDGMENT Briefly stated the facts are that land measuring 58 Kanal was allotted to the present petitioner vide allotment order dated 26-8-1975 by the Assistant Commissioner/Collector, Sub-Division, Chishtian. He was conferred proprietary rights vide order dated 24-3-1984. He deposited the cost of the land on 8-3-1984 and 29-9-1984. However, on the application of a Mukhbir the land was cancelled from his name by the Deputy Commissioner/Collector, District Bahawalnagar vide, order dated 25-2-1986. The petitioner filed an appeal against the order, dated 25-2-1986 with Additional Commissioner, Revenue, Bahawalpur Division, Bahawalpur who dismissed the same vide order, dated) 20-7-1986. Feeling aggrieved of the said order, he filed R.O.R. No.z801/86 in the Board of Revenue,…
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