Case Details

Citation(s)
2010 SLG 2290 2010 SLD 2290 2010 CLC 629
Board of Revenue, Punjab
R.O.R. No.267 of 2009, decided on 6th January, 2010.
AFTAB AHMAD MANEKA, MEMBER (JUDICIAL-IV)

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NAZIR AHMAD

VS

THE STATE through Executive District Officer (Revenue), Vehari and others

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

Section: 10,30

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 164

Colonization of Government Lands (Punjab) Act (V of 1912)--- ---Ss. 10 & 30---West Pakistan Land Revenue Act (XVII of 1967), S.164---Allotment of land under Temporary Cultivation Lease Scheme---District Officer (Revenue) granted proprietary rights of land in question in favour of the petitioner, but subsequently taking suo motu action reviewed his earlier order of granting proprietary rights in absence of the petitioner---Impugned order by the District Officer was not tangible under law---Order by Executive District Officer (Revenue) whereby he upheld the order passed by the District Officer (Revenue) could not be termed as a valid order under the law---When original impugned order passed by the District Officer (Revenue) was not found to be legal and proper, the entire structure built on that would crumble automatically---Case was remanded as impugned order passed by the District Officer (Revenue) and order passed by Executive District Officer (Revenue) upholding order of District Officer (Revenue) suffered from legal and factual infirmities---Board of Revenue remanded the matter with the direction to decide the matter afresh after providing opportunity of hearing to the petitioner strictly on merits. ORDER AFTAB AHMAD MANEKA, MEMBER (JUDICIAL-IV).---The petitioner has filed this revision petition against the order dated 22-12-2008, passed by the Executive District Officer (Revenue), Vehari in an appeal filed before him against the order dated 5-9-2003, passed by the District Officer (Revenue), Vehari whereby he by taking suoa motu action reviewed his earlier order dated 11-9-2002 and rejected the application of the present petitioner for grant of proprietary rights of State land measuring 100 Kanals, situated in Chak No.365-EB, Burewala, District Vehari. 2. Arguments heard and record perused. Learned counsel for the petitioner also submitted written arguments which are available on the file of the case. 3. Learned counsel for the petitioner argued that the impugned order was illegal and against the law and facts of the case. The land in question was allotted to the petitioner under temporary cultivation lease scheme for a period of 5 years i.e. Kharif…
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