Law: Constitution of Pakistan, 1973

Section: 184(1),184,199

Law: Constitution of India

Section: 131,226,227,12,36

Land Reforms Regulations 1972 [M.L.R.115]--- ----Para. 29---Constitution of Pakistan (1973), Arts.184(1) & 199---Constitutional petition---Maintainability---Dispute between two Governments---Earlier passed by High Court---Effect---Provincial Government sought setting aside of orders passed by Federal Land Commission whereby Provincial Government was deprived of benefit of resumption of land---Provincial Government contended that Constitutional petition was maintainable and provisions of Art.184(1) of the Constitution were not applicable---Validity---High Court had earlier passed a on similar question of law and declined to change the view---Controversy between the parties qualified as a dispute between Provincial Government and Federal Government as envisaged in the provisions of Art. 184 of the Constitution because Member Federal Land Commission was a delegatee of Federal Government by virtue of paragraph No.29 of Martial Law Regulations, 115 of 1972---High Court declined to interfere in allotment orders passed by Federal Land Commission---Petition was dismissed in circumstances. Union of India and others v. State of Mysore AIR 1977 SC 127; The State of Bihar v. The Union of India and another AIR 1970 SC 1446; Mrs. Jamila B. Naimat v. Mian Abdul Waheed PLD 1981 Kar. 138; Pakistan Railways, Headquarters Office, Lahore through Chairman and another v. Border Area Allotment Committee Lahore through Chairman and another 2005 CLC 905; Union of India v. State of Rajasthan 1984 (4) SCC 238; PLD 1976 Lah. 1135 and Punjab Province v. The Federation of Pakistan PLD 1956 FC 1972 ref. Judgment dated 8-4-2010 in Writ Petition No.2961/2008 fol. JUDGMENT NASIR SAEED SHEIKH, J.---Government of Punjab through Colony Department of Punjab has instituted this writ petition seeking setting aside of the order dated 4th of August, 2003 passed by Member Federal Land Commission, Islamabad. 2. Mst. Waziran Bibi deceased respondent No.1 made declaration of her land under MLR 115 of 1972 and vide order dated 8-9-1977 passed by Deputy Land Commissioner, 5683 P.I. units were found in excess of her entitlement and land equivalent to said units was resumed in favour of Provincial…

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