1989SCMR1811 (PLP)
MUHAMMAD SHAFI and others Petitioners Versus THE MEMBER (COLONIES), BOARD OF REVENUE,
| Citation | 1989SCMR1811 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | MUHAMMAD SHAFI and others Petitioners Versus THE MEMBER (COLONIES), BOARD OF REVENUE, |
| Primary Law | Colonization of Government Lands (Punjab) Act (V of 1912) |
Q1: What are the key laws and sections cited in 1989SCMR1811 (PLP)?
This judgment primarily cites: Colonization of Government Lands (Punjab) Act (V of 1912) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR1811 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR1811 (PLP) (MUHAMMAD SHAFI and others Petitioners Versus THE MEMBER (COLONIES), BOARD OF REVENUE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ashraf Azim, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- M. Akhtar, Additional Advocate‑General with Abdus Samad Hashm, Advocate for Respondents Nos. 1 to 3.
- Tanvir Ahmad, Advocate‑on‑Record for Respondent No. 4.
- Date of hearing: 22nd March, 1989.
Headnotes / Summary
(On appeal from the judgment dated 22nd April, 1985 of the Lahore High Court in Writ Petition No. 3171/83). ‑‑‑S. 10‑‑Constitution of Pakistan (1.973), Art. 185 (3)‑‑Ejected Tenants Scheme‑ Allotment and grant of proprietary rights under the Scheme‑‑Denial of proprietary rights to tenant when at the time of allotment land did not fall within Charagah area but formed part of Baqaia Sarkar‑‑Leave to appeal was granted to examine whether the condition regarding the land being within five miles limit of city was not applicable; that no doubt a part of the land was sought to be utilized for constructing a school building but the site thereof had been shifted to some other place. .
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the lessees of Government owned land, against the dismissal of their writ petition by the High Court. It had arisen out of dispute relating to the allotment under the Ejected Tenants Scheme to the petitioners and their consequential claim for grant of proprietary rights which stands denied to them, therefore, they have sought leave to appeal. In some other similar cases leave to appeal has been granted. The learned counsel, inter alia has contended that the condition regarding the land being within 5 miles limit of Sargodha City is not applicable; that no doubt a part of this land was also sought to be utilized for constructing a school building but the site thereof is now bang shifted to some other place. Reliance in this behalf has been placed on a communication dated 12‑6‑1988, by the Deputy Commissioner, Sargodha, to the District Education Officer (Women) Sargodha. It has also been contended that al the time of the allotment to the petitioners the land in question did not fall within the Charagah area but formed a part of the I Baqaia Sarkar. After hearing the learned counsel we consider it a fit case for examination. Along with other similar cases, all the points raised as well as ground in the petition. Leave to appeal is granted. Security Rs.5,000, Appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal. Status quo to continue in the meanwhile. However, this order will not be a bar to the grant of any relief to the petitioners. A.A./M‑982/S W Leave granted.