1995 PLP 968 (SCMR)
MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and others‑‑‑Petitioners Versus KHAN MUHAMMAD ‑‑‑Respondent
| Citation | 1995 PLP 968 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Actg CJ. and Manzoor Hussain Sial, J |
| Parties | MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and others‑‑‑Petitioners Versus KHAN MUHAMMAD ‑‑‑Respondent |
| Primary Law | Colonization of Government Lands (Punjab) Act (V of 1912)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 968 (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 1995 PLP 968 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Actg CJ. and Manzoor Hussain Sial, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 968 (SCMR) (MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and others‑‑‑Petitioners Versus KHAN MUHAMMAD ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Gulzar Ahmad Qureshi, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 9th May, 1994.
- 3. Learned counsel for petitioners contended that the impugned order of the High Court is in violation of the terms and conditions of notification dated 3‑9‑1979. We have perused the notification and prima facie, find force in his submission.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court in W.P. 944/1988, dated 7‑12‑1992). ‑‑‑‑S. 10‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Grant of proprietary rights to respondent by the High Court, while same had been refused by the Board of Revenue‑‑‑Validity‑‑‑Leave to appeal was granted to consider whether High Court in exercise of its Constitutional jurisdiction could competently grant proprietary rights to respondent, in respect of land in question, contrary to the terms and conditions of the Scheme promulgated under provisions of the Act.
Judgment & Decree
MANZOOR HUSSAIN SIAL, J.‑‑‑The petitioners seek leave to appeal from order dated 9‑12‑1992 of the Lahore High Court, passed in Writ Petition No. 944 of 1988.
2. Khan Muhammad respondent was conferred proprietary rights in the State land measuring 19 Kanals and 14 Marlas under the ejected tenants scheme in 1967. Thereafter, in the year, 1971, he obtained allotment of 58 Kanals and 3 Marlas of land on 15 years lease scheme. It appears that the Assistant Commissioner/Collector Sumandari, District Faisalabad, resumed out of the aforesaid land 17 Kanals and 3 Marlas for the graveyard. The respondent challenged the aforesaid order up to the level of this Court but of no avail. Afterwards he applied for conferment of proprietary rights in respect of the land occupied by him under 15 years lease scheme on the basis of the Notification issued on 3‑9‑1979. The petitioners declined to grant proprietary rights in his favour in respect of the land in dispute on the ground that he had already obtained proprietary rights in another piece of land in 1967, He eventually invoked the constitutional jurisdiction of the High Court and the learned Single Judge vide impugned order granted the proprietary rights regarding the land in dispute. Hence this petition for leave to appeal.
3. Learned counsel for petitioners contended that the impugned order of the High Court is in violation of the terms and conditions of notification dated 3‑9‑1979. We have perused the notification and prima facie, find force in his submission.
4. Leave to appeal is, therefore, granted to consider whether the High Court in exercise of writ jurisdiction could competently grant proprietary rights to Khan Muhammad respondent, in respect, of the land in dispute, contrary to the provisions of para 4(b) of the Scheme promulgated vide Notification dated 3‑9‑1979. AA./M‑2115/S Leave granted.