Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)----- ----S. 10---Constitution of Pakistan (1973), Art. 185(3)---Temporary Cultivation Scheme---Grant of proprietary rights---Eligibility---Grant of two lots to one family---Grant of proprietary rights was refused by the Authorities on the ground that as one lot had already been granted to the father of the respondent, he could not be allotted the second lot---High Court in exercise of Constitutional jurisdiction set aside the orders passed by the Authorities---Validity---Respondent was in possession of the land right from the year 1978 which he had been cultivating independently since then---Respondent got allotted the land in dispute in his own right in year 1978 and he, being a grown up person at the time, was not dependent on his father---High Court had rightly issued the writ in favour of the respondent---Leave to appeal was refused. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.---Leave to appeal is sought against the judgment, dated 4-4-2000 passed by a learned Single Judge of the Lahore High Court, Multan Bench, Multan, whereby Writ Petition No.2619 of 1996 filed by the respondent was allowed. Precisely stating facts of the case are that respondent Taj Muhammad was allotted land measuring 100 Kanals in Chak No.95 M, Tehsil and District Lodhran, under Temporary Cultivation Scheme on 26-10-1978. The lease was extended from time to time. On 9-5-1983 the respondent applied for grant of proprietary rights under the above scheme. Said prayer was refused by the Deputy Commissioner, Lodhran, vide his order, dated 16-4-1981 on the ground that two lots could not be granted to one family as one lot had already been granted to the father of the respondent. The appeal filed by the respondent against the above order was dismissed by the learned Member, Board of Revenue, Punjab, through order, dated 8-2-1995. Revision Petition No.93 of 1995 filed by the respondent also met the same fate and was dismissed on 14-6-1995. Thereafter, the respondent field Writ Petition No.2619 of 1996 before the Lahore High Court at Multan, which has been allowed…

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