Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10,24(b),30,36

Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 9

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 10, 24(b), 30 & 36---Civil Procedure Code (V of 1908), S.9---Specific Relief Act (I of 1877), S.42---Suit for declaration---Grow More Food Scheme---Allotment of land under such scheme and delivery of possession to plaintiff in March, 1957---Policy decision of Government to resume land for auctioning, tenancy of which had expired on or before Rabi, 1962---Resumption of plaintiff's land under such policy---Suit by plaintiff to declare order of resumption of land to be void as his tenancy started from such date of delivery of possession, and period of five years, if counted from delivery of possession, would go beyond Rabi, 1962---Civil Court decreed suit---Appellate Court dismissed suit for lack of jurisdiction of Civil Court, which was affirmed by High Court---Validity---Suit-land was not available and could not be resumed as stipulated period of five years had to be completed after Rabi, 1962, thus, question of termination of lease would not arise---Government had abandoned such policy decision and decided that all allottees under such scheme were eligible to acquire proprietary rights irrespective of date of allotment and termination of leave---Order of resumption of land was void ab initio, thus, no embargo could be imposed on jurisdiction of Civil Court---Supreme Court emphasized on implementation of such Government instructions regarding grant of proprietary rights in letter and spirit in present case also---Supreme Court set aside of High Court and Appellate Court and restored that of Civil Court. Muhammad Rafiq and others v. Hashmat Ali and others PLD 1992 SC 37; Muhammad Shafi v. Member, Board of Revenue and others 1985 SCMR 817; Abdul Rab v. Wali Muhammad PLD 1980 SCMR 139; Anjuman Talim-ul-Islam (Regd.) Sheikhupura v. Province of West Pakistan PLD 1983 Lah. 294 and Jiwana v. Sahbi PLD 1954 Lah. 253 ref. (b) Administration of justice--- ----Jurisdiction---Administrative Officer/Authority having power to pass an order on existence of certain circumstances would have no jurisdiction to determine such circumstances---Conclusion of such Officer/ Authority as to existence of such…

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