Lambardari grant

2019 CLC 46 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.30Lambardari grantGrant of proprietary rights by the competent authorityScopeApplication for proprietory right was moved by father of petitionerCompetenceLimitationIssuance of show-cause notice after final adjudication of matterScopeProprietary rights of land in question were confirmed in favour of petitioner

Authorities instead of assailing the said order issued show-cause notice raising same allegations which had already been adjudicated upon in the order of Member Board of Revenue (Colonies)

Constitutional petition against issuance of show-cause notice was dismissed by the Single Judge of High Court on the ground that petitioner should appear before competent authority and raise his objections before the same

Contention of petitioner was that respondents could not re-open the case by simply issuing show-cause notice

Validity

Single Judge of High Court had not considered the fact that issue with regard to proprietary rights had already been adjudicated upon

Application for grant of proprietary rights was filed by the father of petitioner well within time and petitioner had stepped into the shoes of his father

Petitioner was entitled for grant of proprietary rights in circumstances

Substantive rights had been accrued in favour of petitioner on the basis of application moved by his father within prescribed time

Authorities had re-opened the matter requiring the petitioner to once again prove that application was moved by his father

Petitioner could not be forced to face such proceedings when competent forum had conclusively held that he was entitled to proprietary rights on the basis of application moved by his father

Requiring the petitioner to defend himself before competent authority would tantamount to re-opening the case

Authorities could not issue fresh show-cause notice with regard to the matter which had been adjudicated upon in finality by the competent forum

Impugned order passed by the Single Judge of High Court was set aside

Intra court appeal was allowed accordingly.

2014 CLC 762 BOARD-OF-REVENUE-PUNJAB Judicial Precedent

S. 10Notifications No. 3910-76/2686-CV, dated 13-7-1976 and No. 4218-79/413-CV, dated 30-1-1980West Pakistan Board of Revenue Act (XI of 1957), S.8ReviewLambardari grantProprietary rightsDispute was with regard to proprietary rights of land falling in Lamabardari Grant

Proprietary rights granted in favour of petitioner were set aside by Executive District Officer (Revenue) and Board of Revenue in exercise of revisional jurisdiction remanded the matter to District Officer (Revenue) for decision afresh

Validity

Appointment of respondent as Lambardar was finalized by the order of Supreme Court, so he qualified for allotment of "Lambardari Grant" and his request should be considered accordingly

Very vital aspect of the case had not been thrashed out in earlier orders and the same had been held to be in order in review, which was lawful and needed no interference

Revision was dismissed in circumstances.