TALIB HUSSAIN And Others vs MEMBER, BOARD OF REVENUE And Other
The petitioners filed a constitutional petition before the High Court challenging the attestation of a mutation treating Mst. Begum Bibi as a full owner of allotted property, which order was maintained up to the Board of Revenue. The High Court dismissed the petition on the grounds of a four-year delay in filing and the subsequent cancellation of the allotment as being in excess of her entitlement. In seeking leave to appeal before the Supreme Court, the petitioners contended that the delay was excusable due to unclear legal positions regarding allotted property, subsequently addressed by Punjab Act 25 of 1975, and disputed the record regarding the cancellation of the allotment. The Supreme Court held that the petition raised a question of law requiring further consideration and consequently granted leave to appeal, subject to furnishing security.
- Whether a delay of four years in filing a constitutional petition against a revenue mutation order can be condoned when the underlying legal position about allotted property was unclear?
- Does the subsequent cancellation of a land allotment affect pending proceedings regarding the attestation of a mutation treating the allottee as full owner?
- Punjab Act 25 of 1975
ORDER
1. SHAFIUR RAHMAN, J.--A Constitutional petition was filed by the petitioners challenging the attestation of a mutation treating Mst. Begum Bibi the allottee as full owner. That order has been maintained upto the Board of Revenue. The High Court by the impugned judgment dismissed the petition holding that it was filed four years after the last order in the revenue hierarchy and in the meantime the allotment itself had been cancelled as being in excess of her entitlement.
2. In seeking leave to appeal, the learned counsel for the petitioner contended that as the law about the allotted property itself was not clear there was delay and such delays have been subsequently taken care of by a statutory provision (Punjab Act 25 of 1975). As regards the subsequent cancellation of the allotment, the learned counsel for the petitioner states that it is not borne out from the record.
3. We consider that the question raised is one of law and further consideration for which leave to appeal is granted.
4. Security in the sum of Rs. 2,000.
5. The learned counsel for the caveator has brought to our notice that some of the respondents like Zulfikar Ali (respondent No. 4) and Muhammad Saeed Shah (respondent No. 5) have in the meantime died. The record shall, be corrected accordingly by the respondents. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.