Case Details

Citation(s)
2003 SLG 611 2003 SLD 611 2003 SCMR 1309
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2824/L of 2001, decision dated: 21st June, 2002
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Malik Abdus Sattar Chughtai, Advocate Supreme Court for Petitioners. Nemo for
Respondents

MUMTAZ AHMAD KHAN and others

VS

PROVINCE OF PUNJAB and others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 10---Constitution of Pakistan (1973), Art. 185(3)-Tube-well Scheme---Cancellation of allotment---Withdrawal of advance money deposited by allottees---Allotment of land under Tubewell Scheme was cancelled by the Authorities---All the Courts below concurrently dismissed the suit, appeal and revision filed by the allottees---Contention of the allottees was that the Courts below had wrongly non-suited then on the point of lack of jurisdiction of the Civil Courts ---Validity---Sui filed by the allottees was dismissed by Trial Court on merits and the appeal as well as revision also met the same fate---None of the forum below had non-suited the allottees on the question. of jurisdiction-­Allottees after the resumption of land withdrew the advance money deposited by them with the Authorities and had not paid any instalment---High Court had given cogent reasons for maintaining the concurrent findings of the Courts below---No illegality or infirmity in the order passed by the Authorities was found warranting interference by Supreme Court---Leave to appeal was refused. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the order, dated 12-6-2001 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No.786 of 2001 filed by the petitioners was dismissed maintaining the concurrent findings of the Courts below. The brief facts are that the petitioners predecessor-in-interest secured land under Lot No. 185 measuring 1200 Kanals situated in Rakh Dhingana, Tehsil Mankera, District Bhakkar, under Tubewell Scheme introduced by the Thal Development Authority (hereinafter referred to as the Authority). The Authority cancelled the allotment of the above land and resumed the same. The petitioner filed a declaratory suit on 10-4-1991 seeking restoration of his allotment. This plea was contested by the respondents, Issues were framed and .the learned Civil Judge through his judgment, dated 29-10-1995 dismissed .the suit. The petitioners filed an appeal assailing the above judgment, which was dismissed by the learned Additional District Judge, Bhakkar, vide his…
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