Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 19(2) & 30(2)---West Pakistan Board of Revenue Act (XI of 1957), S.7---Constitution of Pakistan (1973), Art.199---Constitutional petition---State land located in the heart of city and possessed by Municipal Committee since long---Sale of such land to respondent by using political influence without applying therefor to District Collector and publication of advertisement after relaxation of ban imposed on sale of State land through private treaty---Cancellation of such sale by Board of Revenue after hearing all parties---Governor referred to Member, Board of Revenue respondent's application made after one year and seven months of passing of cancellation order---Board of Revenue treated such application as review petition and restored such sale without issuing notice to Government or Municipal Committee or petitioner---Validity---Impugned order was hit by principle of audi alteram partem---No reason was disclosed for- condonation of delay. nor was such application supported by affidavit of respondent---Review petition being barred by time was not maintainable, thus, impugned order was not sustainable in eye of law---High Court set aside impugned order while observing that if such land was intended to be sold, then same shall be sold through open auction after due advertisement and allowing petitioner and respondent to participate in such auction---Principles. PLD 1976 Kar. 1219; PLD 1977 Lah. 307; PLD 1997 Lah. 676; PLD 1974 Kar. 375; 1994 MLD 603 and 1993 SCMR 1960 ref. Ch. Muhammad Rafique, Syed Muhammad Ali Gilani and Muhammad Iqbal Abid Chaudhry for Petitioners. Mian Muhammad Siddiq Katnyana and Ch. Muhammad Hafeez Ahmad for Private Respondent. Date of hearing: 5th July, 2004. JUDGMENT IJAZ AHMAD CHAUDHRY, J.--- This judgment will dispose of Writ Petition. No.6S47 of 2000 filed by, Administrator Municipal Committee, Sahiwal, Writ Petition No.6399 of 2000 filed by Province of Punjab through. District Collector, Sahiwai and Writ Petition No.6670 of 2000 filed by Sh. Muhammad Asghar as through all the three writ petitions similar order dated 13-4-2000 passed by respondent No.1. Member Board…

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