Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 92, 161 & 164---Constitution of Pakistan (1973), Art.199---Constitutional petition---Allotment of land through sale---Cancellation of allotment---Authority, on application of petitioner for allotment of land in dispute to him and after obtaining report from the concerned Revenue staff, AC/Collector, ordered sale of land to the petitioner---Petitioner deposited sale price upon which mutation for transfer of proprietary rights was entered by Patwari in favour of petitioner---Subsequently Member Board of Revenue cancelled allotment of petitioner after obtaining report of Halqa Patwari from the name of the petitioner and ordered its fresh allotment after inviting applications---Validity---Land in dispute had been alienated to the petitioner after observing all the legal formalities, amount as assessed by the Revenue Department had been duly deposited, by the petitioner/allottee in the treasury after which mutation had been entered---Possession of land in dispute at the relevant time was also with the petitioner---Member Board of Revenue, in circumstances was not competent to order cancellation of allotment of the petitioner on the basis of any subsequent report obtained from the Halqa Patwari---Impugned order being not sustainable was set aside. Ilam Din v. Muhammad Din PLD 1964 SC 842; Ghulam Hussain v. Fateh Muhammad and 9 others 1987 SCMR 1115 and Din Muhammad v. M.B.R. and others 1992 ALD 582(1) ref. ORDER MAZHAR HUSSAIN MINHAS, J.--- This constitutional petition has been filed against the order, dated 31-1-2002 passed by Member, Board of Revenue, Punjab in the Revision Petition No.1523 of 2000 filed by respondent No.2 against the petitioner, whereby latter's allotment of 10 Marlas land in Ihata No.49 situated in Chak No.188/EB, Tehsil and District Vehari, has been cancelled and the case has been remanded to District Officer (Revenue), Vehari for fresh allotment of the disputed' land in accordance with the prescribed policy after inviting fresh applications. 2. Brief facts of the case are that the petitioner along with one Mst. Zubaida Bibi wife of Amanat Ali moved application to the A.C./Collector…

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