1991 PLP 1726 (SCMR)
NAZIR AHMAD KHAN — Petitioner Versus MEMBER (COLONIES), BORAD OF REVENUE, PUNJAB, LAHORE and others — Respondents
| Citation | 1991 PLP 1726 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | NAZIR AHMAD KHAN — Petitioner Versus MEMBER (COLONIES), BORAD OF REVENUE, PUNJAB, LAHORE and others — Respondents |
| Primary Law | Colonization of Government Lands (Punjab) Act (V of 1912) |
Q1: What are the key laws and sections cited in 1991 PLP 1726 (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 1991 PLP 1726 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1726 (SCMR) (NAZIR AHMAD KHAN — Petitioner Versus MEMBER (COLONIES), BORAD OF REVENUE, PUNJAB, LAHORE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Abdur Rahim Khan, Advocate Supreme Court and Rana MA. Qadri, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 19th July, 1988.
- Rana Abdur Rahim Khan, Advocate Supreme Court and Rana MA. Qadri, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(Against the Judgment and order of the Lahore High Court, Lahore, dated 3-6-1981 in W.P. No.4022 of 1979).
S. 24
Constitution of Pakistan (1973), Art. 185(3)
Resumption of land-- Penalty for illicit cultivation
Land in dispute admittedly having been resumed, penalty was imposed on petitioner for illicit cultivation of that land
Amount of penalty to be recovered from petitioner not being commensurate with benefit obtained by petitioner, he was not entitled to discretionary relief of grant of leave to appeal against recovery of that amount ordered to be recovered from him by Courts below.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J: ‑‑Leave to appeal has been sought by the grandson of an ex‑allottee of Government land under a scheme framed under the Colonization of Government Lands Act, against the dismissal of his writ petition. The land in question was resumed in 1977. That aspect is no more in dispute. The Collector imposed penalty at the rate of 40 times of the land revenue for illicit cultivation. The petitioner's appeal was dismissed by the Additional Commissioner. A learned Member, Board of Revenue, reduced the penalty from 40 times of the land revenue to 20 times. The petitioner's constitutional petition challenging the order for recovery having been dismissed, he has now sought leave to appeal. It is not denied that the amount being recovered is not commensurate with the benefit obtained. That being so, the High Court should have dismissed this appeal on the sole ground that the petitioner was not entitled to discretionary relief in the exercise of its writ jurisdiction. For the same reason, he is not entitled to discretionary relief of grant of leave to appeal by this Court. The same is accordingly refused. H.B.T./N‑178/S Leave refused.