1997 PLP 1203 (CLC)
ALI KHAN‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
| Citation | 1997 PLP 1203 (CLC) |
| Forum / Court | Board of Revenue Punjab |
| Bench Members | Riaz Ali, Member (Judicial) |
| Parties | ALI KHAN‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents |
| Primary Law | Colonization of Government Lands (Punjab) Act (V of 1912)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 1203 (CLC)?
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 1997 PLP 1203 (CLC)?
The case was heard and decided by the Board of Revenue Punjab bench comprising: Riaz Ali, Member (Judicial).
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1203 (CLC) (ALI KHAN‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Talib Hussain for Petitioner.
Headnotes / Summary
‑‑‑‑Ss. 10 & 19‑‑‑Allotment of land‑‑‑Cancellation‑‑‑State land in dispute was allotted to petitioner under Grow More Food Scheme and proprietary rights were also allowed to him but owing to his constant illness he could not deposit price thereof‑‑‑Allottee applied for permission to sell land in dispute, and Authority not only refused permission to sell land, but also served a notice on him for cancellation of his lease‑‑‑Permission to sell land in dispute was rightly refused by Authority because allottee did not intend to undertake cultivation to earn his livelihood which was the purpose of lease‑‑‑Notice issued by Authority for cancellation of lease, however, was harsh step depriving allottee of his legal rights‑‑‑Non‑payment of dues by allottee, was condoned by Board of Revenue keeping in view his poor economic condition with direction to deposit the dues within specified period.
Judgment & Decree
Malik Talib Hussain for Petitioner. This appeal has been filed against the order dated 14‑2‑1995, whereby the District Collector, Khanewal refused to grant permission to the petitioner for selling the land in dispute.
2. Brief facts of the case are that the petitioner was allotted state land in dispute in Chak No.56/10‑R, Tehsil Jahanian under Grow More Food Scheme and proprietary rights were also allowed to him. Owing to his constant illness he could not deposit the price. He, therefore, applied to the District Collector, Khanewal for permission to sell the said land under Section 19 of Colonization of Government Lands Act, 1912 to Shahid Imran. The District Collector, refused to permission and served a notice to the petitioner for cancellation of the lease, vide his order dated 14‑2‑1995. Hence this appeal before this Court. 3 1 have heard the arguments of the learned counsel for the petitioner and have perused the record available in this file.
4. In this case, District Collector, has rightly refused permission to sell the land in dispute by the petitioner, because the petitioner does not intend to undertake cultivation to earn his livelihood. The purpose of the Government to A provide source of livelihood to the such persons would thus be defeated. So far as the notice issued by the District Collector, for cancellation of the lease in dispute, it is felt to be harsh step to depriving the petitioner of his legal rights. Keeping in view this poor economic condition lapse of non‑payment of dues is condoned and the petitioner is directed to deposit the price of the land within three months from the receipt of this order. 5.With the above observations, the appeal is disposed of accordingly. H.B.T./78/R Order accordingly