ABDUL HAMID and othersPctitioriers vs PROVINCE OF THE PUNJAB through Collector, Faisalabad and others
This petition for leave to appeal before the Supreme Court of Pakistan was filed against an order of the Lahore High Court, which had dismissed the petitioners' civil revision. The petitioners were originally in possession of disputed land under the Grow More Food Scheme since 1956, but their allotment was cancelled and the land was resumed in 1961 on the ground that it was not waste land. After failing in a constitutional writ petition, the petitioners instituted a civil suit challenging the resumption order. The plaint was returned by the trial court on the ground that civil court jurisdiction was barred. The petitioners' subsequent appeal and revision petition were both dismissed on the same ground. The core legal question before the Supreme Court was whether civil courts had jurisdiction to entertain a suit challenging the resumption of land allotted under the scheme. The Supreme Court affirmed the High Court's decision, holding that the jurisdiction of civil courts was clearly barred under Section 36 of the Colonization of Government Lands Act 1912, making it an unfit case for interference.
- Is a civil suit challenging the cancellation or resumption of land allotted under government schemes barred under Section 36 of the Colonization of Government Lands Act 1912?
- Can a civil court entertain a suit where express statutory bar of jurisdiction exists under the Colonization of Government Lands Act 1912?
- Section 36, Colonization of Government Lands Act 1912
ORDER
1. ' JAVID IQBAL, J.--This petition for leave to appeal has been filed by the petitioners and is directed against the order of the Lahore High Court, Lahore dated 2 May 1981.
2. ' Briefly the facts are that the petitioners were in possession of the disputed land under Grow More Food Scheme in 1956 but the allotment in their favour was cancelled for the reason that the said land not being waste land could not be allotted under the Scheme. Consequently it was resumed in 1961. The petitioner first filed writ petition challenging the resumption order but failed. Thereafter they filed a civil suit against the resumption order but the plaint was returned on the ground that the civil Court had no jurisdiction in the matter under section 36 of the Colonization of Government Lands Act 1912. The appeal of the petitioners failed. Thereafter they filed a revision petition in the Lahore High Court against the orders of the civil Courts which was likewise dismissed for the main reason that since the civil suit did not lie under section 36 of the aforesaid Act, it was a clear bar of jurisdiction on the civil side.
3. We have heard learned counsel at some length. The jurisdiction of the civil Courts in this case is obviously barred under section 36 of the Act. Consequently it is not a fit case for interference. The result is that this 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.
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