| Citation(s) |
|---|
| 2006 SLG 2561 2006 SLD 2561 2006 SCMR 869 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.300/L of 2000, decision dated: 18-03-2003 (On appeal from the judgment dated 13-12-1999 of the Lahore High Court, Multan Bench, Multan, passed in Writ Petition No.218 of 1982)
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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Civil Petition for Leave to Appeal No.300/L of 2000, decision dated: 18-03-2003 (On appeal from the judgment dated 13-12-1999 of the Lahore High Court, Multan Bench, Multan, passed in Writ Petition No.218 of 1982)
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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MANZOOR HUSSAIN
VS
KARAM HUSSAIN and others
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 185(3)---Auction of State land---Petitioner as auction purchaser neither deposited 1 /3rd of sale price within stipulated period nor paid balance price---Collector resumed land on such failure of petitioner, but on remand allowed him to pay balance price with 14% compound interest---Such order was upheld by Commissioner, Board of Revenue and High Court in Constitutional petition---Validity---Question of fact had been determined by all such forums after appreciating entire record---No illegality or legal infirmity was found in impugned ---Supreme Court dismissed petition and refused leave to appeal. A.H. Masood, Advocate Supreme Court for Petitioner. Basit Waheed, Advocate Supreme Court for Respondent No.1 Muhammad Akhtar, Junior Clerk with Din Muhammad Patwari (on Court notice) for Respondents Nos.2 to 4. Date of hearing: 18th March, 2003. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 13-12-1999 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, dismissed the writ petition filed by the petitioner maintaining the earlier determinations of the Revenue forums. Facts briefly are that the petitioner participated in an auction to purchase land measuring 80 Kanals in Tehsil Lodhran in May, 1963, at the rate of Rs.3,500 per acre, total amounting to Rs.34,738. According to the terms of the auction, he was to pay 1/3 of the sale price i.e. Rs.11,580 within the stipulated period. He only deposited Rs.6,000. The auction was, however, confirmed by the Board on 16-3-1966. When this illegality came to the notice of the authorities and it was found out that neither 1/3 amount was paid within the stipulated period nor the balance price paid, thereupon the disputed land was resumed by the Assistant Commissioner/Collector, Lodhran, through his order, dated 16-6-1971. The petitioner being aggrieved took exception to the same and the learned Additional Commissioner (Revenue), Multan Division Multan, vide his order dated 11-2-1972 accepted the appeal and remanded the case to the District Collector, Multan. It is pertinent to mention over here that during the interregnum…
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