Case Details

Citation(s)
2009 SLG 1664 2009 SLD 1664 2009 SCMR 562
Supreme Court of Pakistan
Civil Petition No.1280-L of 2002, decision dated: 15-01-2009
MIAN HAMID FAROOQ AND MUHAMMAD FARRUKH MAHMUD, JJ

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MUHAMMAD NAWAZ

VS

MEMBER BOARD OF REVENUE and others

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10

Colonization of Government Lands (Punjab) Act (IV of 1912)---S. 10---Constitution of Pakistan (1973), Art.185(3)--- Horse and Mule Breeding Scheme---Tenancy, grant of---Suitable tenant---Determination---After the death of tenant of land in question, petitioner was found to be a suitable candidate by District Remount Officer and such recommendation was approved by District Collector---Appeal against recommendation of petitioner was allowed by Commissioner and respondent was held entitled and suitable for allotment---Order passed in appeal was maintained by Board of Revenue as well as by High Court---Validity---Though in such type of cases choice of Collector was to be given weight but it was equally true that almost all forums in Revenue hierarchy and High Court, after considering choice of Collector in petitioner's favour, came to similar conclusions, which were not only in accordance with record of case but also in consonance with law on the subject---Assuming there were minor mis-readings or non-readings of record but those were not sufficient to dislodge concurrent findings arrived at by three courts including the High Court---Petitioner failed to show anything from record which could persuade Supreme Court to, interfere with concurrent findings arrived at by three courts including the High Court---Leave to appeal was refused. ORDER MIAN HAMID FAROOQ, J.--- Muhammad Nawaz, the petitioner, seeks leave to appeal against order, dated 18-2-2002, whereby the learned Lahore High Court, Multan Bench, Multan dismissed his constitutional petition (Writ Petition No.6070 of 2001). 2. One Mehmood son of Jehana, who was tenant of the questioned land under Horse and Mule Breeding Scheme, died on 5-7-1998. Thereafter, for the allotment of the said tenancy District Remount Officer submitted a report, on 13-2-1999, recommending the petitioner as a suitable person for the grant of tenancy. The District Collect, Khanewal after considering the said report re-allotted the tenancy in favour of the petitioner w.e.f. 5-7-1998 for an initial period of six years, vide order, dated 10-7-2000. The said order was assailed by respondent No.3 (Mian Liaquat Ali), paternal-uncle of the…
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