Case Details

Citation(s)
2005 SLG 1212 2005 SLD 1212 2005 CLC 622
Lahore High Court
Writ Petition No.4477 of 2002, decision dated: 10-05-2004.
BASHIR A. MUJAHID, J

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ABDUL MAJEED-

VS

ABDUR REHMAN and others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)------S.10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Horse Breeding Tenancy Scheme---Allotment of land under Horse Breeding Tenancy Scheme---Determination of eligibility---Original allottee of land having died, District Remount Officer recommended name of eldest son of the deceased, but District Collector did not agree with the said recommendation and selected petitioner, who was also the son of deceased as his successor---Commissioner accepting appeal against order of District Collector, reversed order of District Collector and said order of the Commissioner was upheld in revision by Member Board of Revenue, holding eldest son as eligible for allotment of land as successor of the original allottee---Petitioner had challenged said order in Constitutional petition---Commissioner had passed order after obtaining fresh report---Factual detailed inquiry had revealed that elder son of the deceased allottee had been helping his deceased father---Commissioner as well as Member Board of Revenue had selected the eldest son for allotment of tenancy with cogent reasons by placing reliance on report and recommendations collected from different sources---Eligibility of eldest son was finally determined by Commissioner and Member Board of Revenue, being the final Authority in revenue hierarchy---In absence of any illegality or infirmity of reasons in impugned warranting interference Constitutional petition was dismissed. Raja Muhammad Aslam v. Raja Muhammad Sarwar and others 2000 SCMR 531; Sher Bahadur and others v. Sher Zaman and others 1988 CLC 2084; Ghulam Hussain Shah v. Member, Colonies Board of Revenue Punjab and others 1989 SCMR 1457; Sub. Muhammad Asghar v. Mst. Safia Begum and others PLD 1976 SC 435 and Khuda Yar v. Member, Board of Revenue and others 2003 MLD 1075 ref. Ch. Abdul Ghani for Petitioner. Ch. Muhammad Hussain Taheem for Respondent. Date of hearing: 18th May, 2004. JUDGMENT The petitioner has challenged order, dated 21-5-2002 passed by the Member, Board of Revenue whereby he dismissed the revision petition filed by the petitioner for allotment of Horse Breeding Tenancy…
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