Case Details

Citation(s)
2003 SLG 3285 2003 SLD 3285 2003 PLD 242
Lahore High Court
Writ Petition No. 7375 of 2001, decided on 16th October, 2002
SAYED ZAHID HUSSAIN, J
Kh. Muhammad Afzal for Petitioners. Rana Muzaffar Hussain for
Respondents. Muhammad Hanif Khatana, Addl. A.G

MUHAMMAD WARIS and 3 others

VS

PROVINCE OF PUNJAB through Secretary, Cooperative Department, Lahore and 16 others

Law:

Section:

(a) Approbate and reprobate------ Principle of ---Applicability---Estoppel---Not raising of objection to the proceedings agreed by the parties---Parties agreed that the matter should be decided on merits---After decision one party raised the question of limitation and contended that the proceedings were time-barred---Validity---Not open for the party to have re-agitated the plea of limitation or the competency of the proceedings---Approbation and reprobation could not be allowed in judicial proceedings---Having suggested and agreed to a mode of procedure, the party was estopped to resile therefrom and challenge the same. A.R. Khan v. P. N. Boga through Legal Heir PLD 1987 SC 107 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Order not suffering from jurisdictional error or illegality---Grievance of the petitioners was that they were owners of land measuring 42-1/2 Kanals---During consolidation proceedings by the cooperative society, land of the petitioners was increased to 84-1/21 Kanals as the increased area of land was of the inferior quality than the land of their original holding---Matter of increase in the area was taken before the Cooperative Authorities and petitioners were found entitled to 42-1/2 Kanals of land---Validity---Original entitlement of the petitioners was 42-1/2 Kanals---No reduction in their entitlement had been made at all---Only some excess land was given and then withdrawn from the petitioners, therefore, no injustice had been done to them---Order maintaining original entitlement of the petitioners passed by the Cooperative Authorities and maintained by the Provincial Government suffered from no illegality or jurisdictional error---High Court declined to interfere with the order passed by the Authorities. ORDER There was a Cooperative Society set up in Village Nehang, Tehsil Shahpur, District Sargodha, which launched, consolidation proceedings there, in the year 1959. The petitioners who were owners of 42-1/2 Kanals of land were statedly given 84-1/2 Kanals of land which according to them was of inferior quality than the land of their original holding. Later on the Managing Committee reduced their…
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