MUHAMMAD ASHRAF AND Others vs BOARD OF REVENUE AND Other
The petitioners, numbering two hundred and seventy-two, sought leave to appeal against the judgments of the Lahore High Court dismissing their constitutional petitions. They claimed to be lessees of Government land under the ten years scheme promulgated under section 10 of the Colonization of Government Lands (Punjab) Act of 1912 and sought extension of their leases based on a policy letter dated 25-5-1976. Their claims were dismissed by the High Court because the policy expressly excluded Cholistan area allotees and they failed to place copies of their pending applications on record. The Supreme Court observed that the genuineness of the alleged leases and allotments involved disputed questions of fact which could not be scrutinized in constitutional jurisdiction, and that the High Court rightly declined to issue directions in the absence of necessary documents. Consequently, the Supreme Court held that the impugned order suffered from no legal infirmity and refused leave to appeal, laying down that disputed questions of fact regarding the genuineness of land allotments cannot be resolved in constitutional jurisdiction.
- Can disputed questions of fact regarding the genuineness of land allotments be examined in constitutional jurisdiction?
- Whether a constitutional petition can be maintained for the disposal of pending applications without establishing entitlement and placing relevant documents on record?
- Section 10, Colonization of Government Lands (Punjab) Act 1912
ORDER
SHAFI-UR-RAHMAN, J-The petitioners who number two hundred and seventy-two in all seek by four separate petitions for leave to appeal against the judgments of Lahore High Court whereby the constitutional petitions filed by them were dismissed.
2. The petitioners claimed to be lessees of Government land under ten years scheme promulgated under section 10 of the Colonization of Govern--ment Lands (Punjab) Act of 1912 since 1966 and on that account sought extension of the lease for anther period of five years on the strength of Colony Department's policy' letter dated 25-5-1976. Instead of extending the lease the authorities of the Colonies Department according to them, wanted to oust them from the land. Their claim failed in the High Court on the twin grounds that the policy of extension or conferment of proprietary rights on such tenants expressly excluded the Cholistan area allotees and that a copy of the application which had remained unattended with the authorities and whose proper disposal was sought by them had not been filed.
3. It appears that claim of the petitioners to be lessees was seriously disputed even in the High Court. It was alleged that they had forged the documents in order to show themselves as the lessees of the land. The grievance of the petitioners, on the other hand, is that no adjudication as such has taken place at any stage whatsoever though a number of controverted questions of fact were involved, including the one of genuineness of leases.
4. In Constitutional jurisdiction the genuineness of allotment could not be subjected to scrutiny and decision. As regards disposal of pend--ing applications the learned Judge in the High Court remarked as follows:- "Learned counsel did not place on record copies of those petition moved by them to the Collector for disposal. In the absence where--of it is not possible to give any opinion in regard there to. If the submission of the learned counsel is correct that respondent No. 3 is not deciding the applications of the petitioners, they may approach the higher revenue authorities in that regard but cannot maintain this petition without first establishing their entitlement to the grant of lease and extension thereof in respect of the land situated ii~ Cholistan area."
5. In the absence of any such document on record and non-disclosure of the exact date when such applications were filed no specific direction could be given. The order impugned before us suffers from no legal infirmity. Leave to appeals is, therefore, refused.