Case Details

Citation(s)
2005 SLG 1368 2005 SLD 1368 2005 CLC 1488
Lahore High Court
Writ Petition No.9824 of 2005, decided 3rd June, 2005.
MUHAMMAD AKHTAR SHABBIR, J

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NAZIR AHMED-

VS

MEMBER (COLONIES), BOARD OF REVENUE, GOVERNMENT OF PUNJAB and 3 others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 30(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---State land---Acquisition of proprietary rights by respondent upheld in revenue hierarchy---Alleging such allotment in Constitutional petition to be result of fraud and misrepresentation after lapse of 24 years---Validity---Question of fact involved would require recording of evidence and examination of record---High Court in exercise of Constitutional jurisdiction would not go into such matter--No illegality or jurisdictional defect could be pointed out in impugned order---High Court dismissed Constitutional petition in limine. Muhammad Younas Khan and 12 others v. Government of N.-W.F.P. through Secretary and others 1993 SCMR 618; Benedict F.D. Souza v. Karachi Building Control Authority and 3 others 1989 SCMR 918 and Federation of Pakistan and 2 others v. Major (Rtd.) Muhammad Sabir Khan PLD 1991 SC 476 ref. Ali Baqar Najafi for Petitioner. ORDER The facts giving rise to the present writ petition are to the effect that the petitioner being aggrieved of the allotment of the land measuring 66 Kanals and 9 Marlas, situated in Chak No.213/GB, Tehsil Samundari, District Faisalabad, in favour of Mst. Bashir, predecessor-in-interest of respondent No.4, vide order dated 7-10-1958, on whom the proprietary rights were conferred, made an application to respondent No.3, for cancellation of the land of respondent No.4, allegedly allotted on the basis of fraud and misrepresentation. The said application was dismissed by respondent No.3, vide order, dated 20-10-2003. The petitioner filed revision petition before respondent No.2, who dismissed the same and lastly the petitioner approached Member, Board of Revenue/respondent No.1, by filing R.O.R. No.1819 of 2004, which met with the failure vide impugned order, dated 28-2-2005. The allotment of the land was made originally in the name of Mst. Basri, in the year 1981, the present petitioner, Nazir Ahmed and one Abdul Majeed, challenged that allotment upto Member, Colonies, Member, Board of Revenue, Punjab and was unsuccessful. He again filed the present application which also met with…
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