Law:

Section:

Constitution of Pakistan, (1973)-- ----Art. 199--West Pakistan Land Revenue Act, (XVII of 1967), Ss. 161 & 163--Constitutional petition--Land Grant Policy--Cancellation of allotment--Land in dispute was allotted to petitioners by the order of Chief Minister--Appeal was allowed on the ground that impugned allotment/grant was made in favour of petitioners in deviation of Land Grant Policy as petitioners were holding double allotment--Under Schedule to Land Grant Policy, land could have been granted for five years on Harap condition, whereas in the instant case, grant was made on permanent basis on the direction of the then Chief Minister--Petitioners were favoured by the Chief Minister for extraneous consideration--Petitioners were not able to demonstrate that conclusion drawn by Member Board of Revenue that petitioners having been granted land in more than one Deh were not eligible or qualified in terms of Land Grant Policy applicable in the case--Ill-gotten gain could not be allowed to be retained and Court would decline to interfere in exercise of Constitutional jurisdiction--Constitutional jurisdiction could be invoked in aid of justice and not to perpetuate injustice or to retain ill-gotten gain. [Pp. 81, 82 & 83] A, B & C 2001 SCMR 209; PLD 2000 Kar. 224; 2000 SCMR 907; PLD 1973 SC 236 and PLD 1975 SC 331 ref. Judgment Mushir Alam, J.--Petitioners have impugned the order dated 22.1.2002, passed by Member (Judicial) Board of Revenue, in appeal and order dated 22-4-2004, in Review Petition filed by the Petitioners. Brief facts as gathered from the pleadings appear to be, the petitioners claim to be the Haris and residents of Deh Ahmed Rajo-5, Taluka Golarchi District Badin. It is the case of the petitioners that land in the Deh of their abode, was available for disposal. They being entitled thereto, were granted such land by the then Chief Minister of Sindh as communicated by the Member Board of Revenue through letter dated 3-9-1991. It however, seems that, subsequently, move for cancellation of the grant was made by the Additional Secretary to Chief Minister; consequently it was directed that land may be allotted in open Katcheri vide order dated…

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