1989 PLP 1741 (SCMR)
ABDUL HAMID and others Petitioners Versus PROVINCE OF THE PUNJAB through Collector, Faisalabad
| Citation | 1989 PLP 1741 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zudlah and Javid Iqbal, JJ |
| Parties | ABDUL HAMID and others Petitioners Versus PROVINCE OF THE PUNJAB through Collector, Faisalabad |
| Primary Law | Colonization of Government Lands (Punjab) Act (V of 1912)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1741 (SCMR)?
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 1989 PLP 1741 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zudlah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1741 (SCMR) (ABDUL HAMID and others Petitioners Versus PROVINCE OF THE PUNJAB through Collector, Faisalabad). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Yousuf Farooq, Advocate Supreme Court, instructed by Ch. Mchdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 16th July, 1988.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 2nd May, 1981 in Civil Revision No.467/D of 1981). ‑‑‑Ss.10 & 36‑‑Constitution of Pakistan (1973), Art. l85(3)‑‑Allotment of land under Grow More Food Scheme, cancelled and resumed by the Collector‑‑Held, jurisdiction of Civil Courts to challenge resumption order was barred under S.36 of the Act.
Judgment & Decree
JAVID IQBAL, J.‑‑This petition for leave to appeal has been filed by the petitioners and is directed against the order of the Lahore High Court, Lahore dated 2 May 1981. Briefly the facts are that the petitioners were in possession of the disputed land under Grow More Food Scheme in 1950 but the allotment in their favour was cancelled for the reason that the said land not being wasteland could not be allotted under the Scheme. Consequently it was resumed in 1961. The petitioner first filed writ petition challenging the resumption order but failed. Thereafter they filed a civil suit against the resumption order but the plaint was returned on the ground that the civil Court had no jurisdiction in the matter under section 36 of the Colonization of Government Lands Act 1912. The appeal of the petitioners failed. Thereafter they filed a revision petition in the Lahore High Court against the orders of the civil Courts which was likewise dismissed for the main reason that since the civil suit did not lie under section 36 of the aforesaid Act, it was a clear bar of jurisdiction on the civil side. We have heard learned counsel at some length. The jurisdiction of the civil Courts in this case is obviously barred under section 36 of the Act. Consequently it is not a fit case for interference. The result is that this petition is dismissed. M.A.K./A‑533/S Petition dismissed.