Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 10(2)---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Allotment--­Temporary Cultivation Scheme--Petitioners were allotted land in the year 1984 under "Temporary Cultivation Scheme" and their allotments were extended from time to time---Board of Revenue issued notification in 1995 for the grant of proprietary rights to the allottees of such Scheme---Petitioners/allottees fulfilled conditions for grant of proprietary rights and thus had acquired vested right---Instead of granting the proprietary rights to the petitioners the land was allotted to evictees of the Atomic Energy Scheme---Petitioners' appeal was rejected---Board of Revenue, on further challenge formulated five issues and remanded the matter to the Commissioner----Such order was challenged in High Court in Constitutional petition which was accepted and Board of Revenue was directed to decide the case itself---Board of Revenue dismissed the revision petition---Validity---Board of Revenue instead of following the remand order passed by High Court had itself indicated the issues involved in the matter---Board of Revenue was to render its decision on those points which became redundant in view of the reasoning adopted by the Board---Order of the Board suffered from the vice of subjectivity, which was set aside with the direction to the Board of Revenue to re­decide the matter after hearing the parties in the light of earlier order. Ch. Bashir Ahmad for Petitioner. Muhammad Sohail Dar, A.A. -G. for Respondents Nos. 1 to 4. Ghulam Hussain Malik for Respondents Nos.5 to 17. Date of hearing: 14th September, 2004. JUDGMENT The petitioners are the allottee, of the estate lands, situated in Chak No.3 Rakh Dala, Tehsil Darya Khan, District Bhakhar, and described in their respective petitions, which were allotted to them in the year 1984 under Temporary Cultivation Scheme for certain period and their allotments have been extended from time to time. It is their case that by dint of the hard labour and by spending certain money, they have made the land cultivable which otherwise, was…

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