2003 SCMR 912 (PLP)
Mian MUHAMAD RASHID QADRI — Petitioner Versus PROVINCE OF THE PUNJAB and others — Respondents
| Citation | 2003 SCMR 912 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | Mian MUHAMAD RASHID QADRI — Petitioner Versus PROVINCE OF THE PUNJAB and others — Respondents |
| Primary Law | Displaced Persons (Compensation and.Rehabilitation) Act (XXV11I of 1958) |
Q1: What are the key laws and sections cited in 2003 SCMR 912 (PLP)?
This judgment primarily cites: Displaced Persons (Compensation and.Rehabilitation) Act (XXV11I of 1958) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 SCMR 912 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 SCMR 912 (PLP) (Mian MUHAMAD RASHID QADRI — Petitioner Versus PROVINCE OF THE PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Hamid Awan, Advocate Supreme Court with Walayat Umar Chaudhry, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 29th April, 2002.
Headnotes / Summary
(On appeal from the judgment, dated 10-8-2000 of the Lahore High Court, Lahore, passed in Writ Petition No. 140/R of 2000).
Ss. 10 & 11
Constitution of Pakistan (1973), Art. 185(3)-- Allotment of land reserved for "construction of school
Settlement Authorities rejected R.P. Form of the petitioner on the ground that the land in dispute had already been reserved for construction of a primary school
Effect
Petitioner was a trespasser and had no legal basis to claim the disputed property which had already been reserved for a noble and public purpose
High Court had rightly refused to exercise Constitutional jurisdiction as the same could not be invoked to. perpetuate the gain/property secured through illegal means
Leave to appeal was refused.
Judgment & Decree
TANVIR AHMED KHAN, J.
Leave to appeal is sought against the judgment, dated 10-8-2000 of a learned Single Judge of the Lahore High Court, Lahore, whereby petitioner's Writ Petition No. 140/R of 2000 was dismissed. The facts briefly narrated are that the petitioner filed aforesaid writ petition laying claim to land measuring 2 Kanals, 2 Marlas comprising Khasra No.191, Khata No :101 in village Kotli Loharan, Tehsil Cantt. Lahore, whereon he had constructed some rooms. The petitioner through the above writ petition challenged the order, dated 19-8-1999 of the Board of Revenue/Chief Settlement Commissioner whereby the above property had , been reserved for construction of a primary school. Learned counsel has stated that the petitioner earlier made an application on 5-11-1977 for allotment of the disputed property and submitted R.P. Form which had been rejected through order, dated 19-8-1999 on the ground that the land in dispute had already been reserved for construction of a primary school. We have considered the contentions of the learned counsel and .have gone through the documents placed on record. We have noticed that the petitioner is admittedly a trespasser and has got no legal basis to claim the disputed property which has already been reserved for a noble and public purpose. Circular letter, dated 12-10-1993 of the Board of Revenue relied upon by the petitioner is certainly not attracted to his case as the same is applicable to the disposal of State land/Nazul land. Apart from this, the learned Judge has rightly refused to exercise Constitutional jurisdiction as the same cannot be invoked to perpetuate the gain/property secured through illegal means. In view of what has been stated above, the instant petition being without any merit is accordingly dismissed and leave declined. Q.M.H./M-516/S Petition dismissed.