1995SCMR775 (PLP)
MUHAMMAD BASHIR KHAN through Muhammad Saeed Khan‑‑‑Petitioner Versus BOARD OF REVENUE, PUNJAB through Secretary (Colonies), Lahore and another‑‑‑Respondents
| Citation | 1995SCMR775 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Qadeer Chaudhry and Saleem Akhtar, .JJ |
| Parties | MUHAMMAD BASHIR KHAN through Muhammad Saeed Khan‑‑‑Petitioner Versus BOARD OF REVENUE, PUNJAB through Secretary (Colonies), Lahore and another‑‑‑Respondents |
| Primary Law | Colonization of Government Lands (Punjab) .Act (V of 1912)‑‑‑ |
Q1: What are the key laws and sections cited in 1995SCMR775 (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 1995SCMR775 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Qadeer Chaudhry and Saleem Akhtar, .JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995SCMR775 (PLP) (MUHAMMAD BASHIR KHAN through Muhammad Saeed Khan‑‑‑Petitioner Versus BOARD OF REVENUE, PUNJAB through Secretary (Colonies), Lahore and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Siddique Kyayana, Advocate and Mian Ataur Rehman, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 17th May, 1994.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, Multan Bench dated 22‑5‑1993 passed in W.P. No. 1076 of 1969). ‑‑‑‑S. 10‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Allotment of land to Lambardar‑‑‑Entitlement‑‑‑Allotment was governed by the memo. and policy laid down by the Government whereby Lambardar of one Chak could be accommodated in neighbouring Chak (where petitioner claimed land in question)‑‑‑Petitioner being not a Lambardar of the Chak where land in question, was situate, could not be accommodated in that Chak‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
SALEEM AKHTAR, J.‑‑‑The petitioner seeks leave to appeal against the judgment of the learned Judge in Chambers whereby the writ petition filed by Muhammad Bashir Khan was dismissed.
2. Muhammad Bashir Khan was permanent Lambardar of adjoining Chak No. 135‑A/9‑L. He applied for the allotment of Lambardari grant situated in Chak No. 135/9‑L, which was allotted on 7‑5‑1968 and its possession was delivered on 29‑5‑1968. Respondent No.2, Lambardar of Chak No. 135/9‑L where the disputed plot is situate, filed an appeal, which was dismissed by the Additional Commissioner (Revenue) on 1‑10‑1968. He then challenged this appellate order by filing revision application, which was allowed. The petitioner filed Constitution petition against the said order, which was dismissed by the impugned judgment.
3. The learned counsel for the petitioner contended that the petitioner had been appointed Lambardar in place of Rajkumar, evacuee Lambardar of Chak No. 135‑A/9‑L, who held the land in question in his capacity as Lambardar and therefore he is also entitled to hold the same land. This contention is misconceived as a person appointed in place of an outgoing Lambardar can hardly make such a claim. The allotment of land to a Lambardar is governed by the memos. and policy laid down by the Government. One such memo. has been referred to by the learned Judge in Chambers bearing No.5657‑41650 CGI dated 23‑11‑1963, according to which the Lambardar of one Chak should not be accommodated in the neighbouring Chak. The petitioner is not a Lambardar of Chak No. 135‑A/9‑L and therefore he could not be accommodated in that Chak. We do not find any force in the petition and refuse to grant leave. AA./M‑2121/S Leave refused.