ABDUL AZIZ vs MEMBER (COLONIES), BOARD OF REVENUE and others
This matter involves a petition for leave to appeal against a High Court judgment that dismissed a constitutional petition challenging the orders of Revenue Authorities regarding the allotment of land (Ahatas). The core dispute concerned the transfer of Ahata No. 311 to the petitioner, while his wife had already been allotted Ahata No. 310. The Additional Commissioner, upon remand, transferred Ahata No. 311 to the respondents, finding that the two Ahatas were intended for storing manure and that the single Ahata already held by the petitioner's wife was sufficient for the needs of both spouses. The petitioner unsuccessfully challenged this through administrative appeals and a revision before the Board of Revenue, followed by a writ petition in the High Court. The Supreme Court held that the determination regarding the sufficiency of the land for the petitioner's needs was a finding of fact. Consequently, the Court ruled that the High Court was justified in refusing to interfere with these concurrent findings of fact by the competent revenue authorities, and the petition was dismissed.
- Is a finding of fact by revenue authorities regarding land sufficiency subject to interference by the High Court in constitutional jurisdiction?
- Can a petitioner claim entitlement to a separate land allotment when a spouse has already been allotted land sufficient for their joint needs?
ORDER
' SAAD SAOOD JAN, J.--There were two Ahatas bearing numbers 310 and 311 in Chak No,30/SB of Tehsil Sargodha. Ahata No,311 was allotted to the petitioner while Ahata No,310 was transferred to his wife. On appeal by respondents Nos.2 and 3, the Additional Commissioner set aside the order of the Collector and remanded the case back to him for considering whether the petitioner was at all entitled to the transfer of a separate Ahata after his wife had been given Ahata No,310. After remand the Collector transferred Ahata No,311 to respondents Nos.2 and 3. The petitioner filed an appeal before the Additional Commissioner and a revision petition before the Board of Revenue but without any success. He then invoked the Constitutional jurisdiction of the High Court to call in question the orders of the Revenue Authorities. A learned Single Judge dismissed his writ petition.
He now seeks leave to appeal from this Court.
2. While dismissing the claim of the petitioner to Ahata No,311 the Additional Commisioner whose order was upheld by the Board of Revenue, found that the two Ahatas were meant for storing manure and that the Ahata allotted to the petitioner's wife was sufficient to serve the needs of both husband and wife. This is a finding of fact and the High Court was justified in not interfering with it.
The petition is dismissed. 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.