Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (VI of 1912)-------Ss. 10 & 24---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Alternate remedy---Factual controversies---Colombo Plan Scheme---Proprietary rights, grant of---Case of petitioner was recommended for grant of proprietary rights to him---Authorities, instead of deciding his applications, passed ex parte order against him---Plea raised by petitioner was that order passed by Revenue Authorities was not in consonance with the provisions of S.24 of Colonization of Government Lands (Punjab) Act, 1912)---Validity---Petitioner had more than one alternate remedy available against the order, before higher Revenue Authorities under the provisions of law, therefore Constitutional petition was not maintainable---Controversy could not be resolved without recording evidence of parties, which was not permissible in the eye of law, as High Court seldom records evidence while exercising power under Art.199 of the Constitution---Case of petitioner involved disputed question of fact and High Court had no jurisdiction to resolve such question in Constitutional jurisdiction---High Court in the interest of justice and fairplay and keeping in view the peculiar circumstances of the case, allowed petitioner a ten days time to approach the Authorities for availing alternate remedy---Petition was disposed of accordingly. Messrs Airport Support Service's case 1998 SCMR 2268; Asian Food Industries Ltd. and others v. Pakistan and others 1985' SCMR 1753; Khizar Hayat v. Member, Board of Colony 2004 CLC 1960; S. Abdur Rahim and others v. The Member Board of Revenue (Colonies), West Pakistan, Lahore and others 1989 MLD 2299; Anjuman-e-Ahmadiya v. Deputy Commissioner and others PLD 1966 SC 639; Mst. Hussain Bibi v. Haji Muhammad Din and 3 others 1976 SCMR 395; Bashir Ahmad and others v. M.B.R. (Colonies), and others NLR 1980 Revenue Lah. 33; Noor Ahmad v. Member, Board of Revenue 1986 MLD 2065; Ghazi Fabric International Ltd. v. WAPDA and 3 others PLD 2000 Lah. 349; Mst. Razia Begum v. Cantonment Board, Clifton and others 2000 YLR 2114; Town Committee v. Authority under the Payment and…

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