| Citation(s) |
|---|
| 2005 SLG 1292 2005 SLD 1292 2005 SCMR 1081 |
Supreme Court of Pakistan
C.P.L.A. No.723 L of 2000, decision dated: 27-02-2003
TANVIR AHMAD KHAN AND KHALIL UR REHMAN RAMDAY, JJ
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C.P.L.A. No.723 L of 2000, decision dated: 27-02-2003
TANVIR AHMAD KHAN AND KHALIL UR REHMAN RAMDAY, JJ
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MUHAMMAD KHAN through L.Rs. and others ers
VS
. THAL DEVELOPMENT AUTHORITY --Respondent
Law:
Section:
Colonization of Government Land (Punjab) Act (V of 1912) S. 10 Undoing of invalid allotments of State Lands, M.L.O. [Zone "A"] No. 14 of 1977 Constitution of Pakistan (1973), Art. 185(3) ¬Permanent injunction, grant of Suit land allotted to plaintiff was cancelled being in violation of Martial Law Order No.14 of 1977 ¬Plaintiff contented that his case was not of allotment made during 1 2 1972 to 4 7 1977 but it was restoration of allotment already made prior to that period, thus his case was not hit by Martial Law Order 14 of 1977 Judgment and decree passed by Trial Court in favour of the plaintiff was set aside by Appellate Court High Court in exercise of revisional jurisdiction maintained the and decree passed by the Appellate Court for the reason that the definition of allotment according to Martial Law Order No.14 of 1977 included restoration of a resumed lot High Court, while dismissing the revision application, further observed that the order of restoration of the lot had not been produced to demonstrate that the restoration of the lot was on merits and not under the direction of Minister of Revenue Validity Plaintiff failed to show any illegality in the revisional of High Court Leave to appeal was refused. Ch. Muhammad Afzal Wahla, Advocate Supreme Court of Petitioners. Nemo for respondents. Date of hearing: 27th February, 2003. ORDER KHALIL UR REHMAN RAMDAY, J: This petition calls in question a judgment of the Lahore High Court, dated 11 2 2000 passed in Civil Revision No. 271 of 1987 whereby the appellate judgment dated 18 12 1986 allowing the appeal and consequently dismissing the civil suit decreed through a judgment of the learned trial Court, dated 3 4 1982, was maintained by the High Court. 2. The predecessor in interest of the present petitioner, namely, Muhammad Khan was allotted 1200 Kanals of land on 28 5 1953 in Mauza Rakh Mankera of Tehsil Bhakkax under the Tube well Sinking Scheme of 1952. The allotment appears to have been cancelled for noncompliance of the terms and conditions of the grant which land, was however, re allotted to him on 14 4 1967 allegedly in view of a judgment delivered by the High Court in similar cases. The allotment…
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