1999 PLP 2554 (MLD)

ALI MUHAMMAD BALOCH, J.

These petitions have been filed under Article 199 of the Constitution of Islamic Republic. of Pakistan, 1973 praying the following relief:-- "(a) It may be declared that the petitioner is entitled for the grant of land (compartment No.38) of Unarpur Forest, Deh Unarpur, Taluka Kitri, District Dadu measuring 147 acres to the respondents Nos.1 and 2 be directed to pass necessary orders to that effect. (b) The cost of the petition be borne by the Respondents. (c) Any other relief, remedy deemed fit and appropriate in the circumstances of law be also awarded to the petitioner. Since in all the petitions, the point involved is same, therefore, they are disposed of by this common order.

2. The case set-forth by the petitioner in each petition is that he resides at village Unarpur while the respondent No.3 is original resident of District Jacobabad. According to him at the behest of Minister who had relationship with the respondent No.3 and influence, the forest land was given on temporary cultivation lease. The petitioner has stated that the lease given to respondent No.3 was illegal and politically motivated. It is the case of all petitioners that the lease in favour of the respondent No.3 was cancelled. According to the petitioners this order of cancellation has been assailed in another Constitutional petition. On our enquiry from the learned counsel for the petitioner under which provisions of Article 199 we can grant the belief as prayed by him, no answer was forthcoming. The authority of the respondent is embodid in law. It is expected that the respondents Nos.1 and 2 shall exercise their authority in such a manner which shall be transparent and crystal i.e. the procedure adopted must be in consonance with the principles of Islamic polity i.e. away from arbitrariness and closer to the fairness, equity, and justice. When the land is to be given on lease particularly Government land procedure adopted by the authorities should be A inconsonance with the principle of justice, equity and fair play in bona fide manner i.e. lease of Government should be given after proper advertisement and following the principles of due process of law and every citizen has to be dealt with in accordance with law which is his inalienable right. It is, therefore, expected that while granting lease of the Government land, the State functionary shall act in a bona fide manner and their actions must be transparent. We are clear that the petitioner is entitled for the grant of land as he may apply to the authority and if his case is found fit and in accordance with law, such case may be considered by the authorities on the basis and criteria mentioned supra. With these observations all these petitions are dismissed in limine H.B.T./R-67/K Petition dismissed.