1989 PLP 459 (MLD)
NIAZ MUHAMMAD‑‑Petitioner Versus BOARD OF REVENUE and another‑‑Respondents
| Citation | 1989 PLP 459 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Munir A. Sheikh, J |
| Parties | NIAZ MUHAMMAD‑‑Petitioner Versus BOARD OF REVENUE and another‑‑Respondents |
| Primary Law | State land‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 459 (MLD)?
This judgment primarily cites: State land‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 459 (MLD)?
The case was heard and decided by the Lahore bench comprising: Munir A. Sheikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 459 (MLD) (NIAZ MUHAMMAD‑‑Petitioner Versus BOARD OF REVENUE and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Siddique Kamyana for Petitioner.
Headnotes / Summary
‑‑‑ Banjar Qadeem‑‑Notification No. 1622‑71/1205 CLI dated 24‑4‑1971‑‑Lease of uncultivated Banjar qadeem State land‑‑Earlier Notification of 1968 upon which reliance was placed for lease of land was superseded specifically by Notification No. 1622‑71/1205‑CLI dated 24‑4‑1971 when in fact no such Scheme for lease of land existed‑‑No ground available to interfere with order impugned in review application‑‑Application dismissed‑‑Civil Procedure Code (V of 1908), O. XLVII, R. 1. [p. 4591 A
Judgment & Decree
‑‑‑ Banjar Qadeem‑‑Notification No. 1622‑71/1205 CLI dated 24‑4‑1971‑‑Lease of uncultivated Banjar qadeem State land‑‑Earlier Notification of 1968 upon which reliance was placed for lease of land was superseded specifically by Notification No. 1622‑71/1205‑CLI dated 24‑4‑1971 when in fact no such Scheme for lease of land existed‑‑No ground available to interfere with order impugned in review application‑‑Application dismissed‑‑Civil Procedure Code (V of 1908), O. XLVII, R. 1. [p. 4591 A Mian Muhammad Siddique Kamyana for Petitioner. Through this application the applicant/petitioner is seeking review of order dated 16‑2‑1988 passed in Writ Petition No. 240 of 1988. The grain ground on which the review has been sought was that the claim of the applicant/petitioner for grant of lease of land by the Revenue authorities was rejected on the ground that there was no scheme at the relevant time i.e. 1975 when he made the application for allotment of uncultivated `banjar qadeem' State land whereas in fact such a scheme was existing which was Notified through notification No. 3369‑67‑198‑CLI dated 7‑2‑1968, according to para. 4 of which the petitioner/applicant was entitled to get State land on 10 years lease.
2. Para-wise comments have been filed by the Revenue authorities in which it has been stated that the said scheme stood superseded by a subsequent Notification issued by the Punjab Government in the year 1971.
3. Learned counsel for the petitioner/applicant got adjournment on 14‑1‑1989 to examine this aspect of the case.
4. I have heard the learned counsel for the applicant/petitioner at length. Notification No. 1622‑71/1205‑CLI dated 24‑4‑1971 has been placed on the record alongwith the comments from which it is manifest that the earlier notification of 1968 which is being relied upon for seeking review was specifically superseded. In this view of the matter there is no ground for review of order dated 16‑2‑1988. passed in the writ petition. The review application is, therefore, dismissed without any order as to costs. M.Y.H./N‑205/ L Review dismissed.