Case Details

Citation(s)
2007 SLG 2564 2007 SLD 2564 2007 CLC 1123
Lahore High Court
Writ Petitions Nos.4436, 4435, 4437, 4438, 4439, 4440 of 2006, decision dated: 20-03-2007.
FAZAL-E-MIRAN CHAUHAN, J

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MUHAMMAD TARIQ

VS

MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and others

Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 30(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Expression "after giving such person a reasonable opportunity of showing cause"---Connotation---Resumption of land---Principles of natural justice---Applicability---Petitioner purchased land in question from the allottee who had been granted proprietary rights---Board of Revenue subsequently, found allotment a result of fraud and misrepresentation, therefore, conveyance deed in favour of allottee was cancelled---Grievance of petitioner was that such action could not have been taken by Board of Revenue without providing him an opportunity of hearing---Validity---Words "show cause" meant to make clear or apparent, as by evidence, testimony, or reasoning to prove---Expression "after giving such person a reasonable opportunity of showing cause" was not idle or empty form, it contained a very solitary and substantial provision of law; as such the expression did not mean that only an opportunity was to be given for offering explanation against proposed action in S.30 (2) of Colonization of Government Lands (Punjab) Act, 1912---Adequate opportunity not only to offer explanation against proposed action but also to produce defence was to be given---Words "showing cause" in S.30 (2) of Colonization of Government Lands (Punjab) Act, 1912, did not imply that mere opportunity of submitting an explanation was enough which implied that adequate opportunity of leading evidence in support of contentions of person concerned and to controvert the contention raised against him must be given---Giving an opportunity of hearing should be granted to petitioner by Board of Revenue in the interest of justice---High Court remanded the matter to Board of Revenue to hear and decide the matter after giving full opportunity of hearing to petitioner in accordance with law---Petition was decided accordingly. Muhammad Ihsan Khan v. The Province of West Pakistan PLD 1963 Lah. 295 and Government of the Punjab v. Dr. Ijaz Hassan Qureshi PLD 1985 SC 28 rel. (b) Civil Procedure Code (V of 1908)--- ----O. V, R.20---Execution of notice---Substituted…
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