1991 PLP 1507 (MLD)
NOOR MUHAMMAD and another — Petitioners Versus THE MEMBER, 'BOARD OF REVENUE, WEST PAKISTAN — Respondents
| Citation | 1991 PLP 1507 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NOOR MUHAMMAD and another — Petitioners Versus THE MEMBER, 'BOARD OF REVENUE, WEST PAKISTAN — Respondents |
Q1: What are the key laws and sections cited in 1991 PLP 1507 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1507 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1507 (MLD) (NOOR MUHAMMAD and another — Petitioners Versus THE MEMBER, 'BOARD OF REVENUE, WEST PAKISTAN — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S.M. Almas Ali for Petitioners.
- Ch. Khalil Ahmad, Addl. A.-G. for Respondents.
Headnotes / Summary
S. 24
Constitution of Pakistan (1973), Art.199
Principle of natural justice, violation of
Allotment of land in question, duly made in name of predecessor -in-interest of petitioners, was subsequently cancelled on account of non-payment of balance amount
Contention of petitioners that not only petitioners were condemned unheard, but mandatory requirement of notice contemplated by S.24 of the Act was not adhered to by Authority, remained uncontroverted
High Court allowing Constitutional petition, set aside order cancelling allotment being a nullity in the eye of law.
Judgment & Decree
Writ Petition No.537 and Civil Miscellaneous Nos.1 and 2 of 1970, decided on 13th April, 1991.
S. 24
Constitution of Pakistan (1973), Art.199
Principle of natural justice, violation of
Allotment of land in question, duly made in name of predecessor -in-interest of petitioners, was subsequently cancelled on account of non-payment of balance amount
Contention of petitioners that not only petitioners were condemned unheard, but mandatory requirement of notice contemplated by S.24 of the Act was not adhered to by Authority, remained uncontroverted
High Court allowing Constitutional petition, set aside order cancelling allotment being a nullity in the eye of law. S.M. Almas Ali for Petitioners. Ch. Khalil Ahmad, Addl. A.-G. for Respondents. Date of hearing: 13th April, 1991. Resume of the facts necessary for disposal of the present controversy as divulged from the record are that in the year 1943 Balia, predecessor-in-interest of the petitioners was granted proprietary rights of the Inamdari grant of 2 acres 6 kanals and 6 marlas of land in Chak No. 522/G.B. as Lambardar through private treaty, transfer price whereof was worked out to be Rs.1,473.31 initially on the basis of 150 times of the land revenue payable in instalments, pursuant whereto Rs.368.34 were deposited; later on the price indicator was reduced to 40 times of the land revenue, whereunder the sum total payable came to Rs.448; however, consequent upon the demise of petitioners' predecessor-in-interest in the year 1945, while they were minors, the allotment was cancelled on account of non-payment of the balance amount which according to the petitioners comes to Rs.24.66; legality whereof was having been unsuccessfully questioned before the departmental hierarchy, present petition was resorted to urging that not only the petitioner was condemned unheard but also the mandatory requirement of notice contemplated by section 24 of the Colonisation of Government Lands Act was not adhered to, which remained uncontroverted by the learned AA.-G.; consequently, allowing the petition the impugned order is set aside being a nullity in the eye of law with no orders as to costs. H.B.T./N-445/L Petition allowed.