AZAM RIAZ FAROOQI vs BOARD OF REVENUE, PUNJAB, LAHORE and 4 others
This is a civil petition for leave to appeal arising from a dispute adjudicated by the Board of Revenue, Punjab, Lahore. The core legal question examined by the Supreme Court is whether section 19-A of the Colonization of Government Lands Act is subject to the control of section 10 of the said Act, along with the terms and conditions laid down in relevant schemes and directives issued by the Board of Revenue. Granting leave to appeal, the Court held that the appeal may proceed subject to the condition that the petitioner implead the Muslim Law heirs of the original allottee as appellants and that any potential benefit from the success of the appeal shall accrue to those heirs. The key principle laid down relates to the interplay between statutory provisions governing government land colonization and the necessity of joining all legal heirs in appellate proceedings concerning allotted estates.
- Whether section 19-A of the Colonization of Government Lands Act is subject to the control of section 10 thereof and the relevant schemes and directives issued by the Board of Revenue?
- Can leave to appeal be made conditional upon the impleadment of the Muslim Law heirs of the original allottee?
- Section 19-A, Colonization of Government Lands Act 1912
- Section 10, Colonization of Government Lands Act 1912
ORDER
1. ' MUHAMMAD AFZAL 'ZULLAH, J.-- After hearing the learned counsel at some length, we consider it a fit case for grant of leave to appeal inter alia to examine the question: whether section 19-A of the Colonization of Government Lands Act, is subject to the control of section 10 thereof and the terms and conditions laid down from time to time in the schemes relevant in this case and the other directives issued by the Board of Revenue; and other related questions.
2. ' Order accordingly.
3. ' Alter hearing the learned 'counsel on a further point, grant of leave to appeal in this case is subject to the following two conditions:
(i) that the petitioner shall implead Muslim Law heirs of Aslam Riaz Farooqi, the original allottee as petitioners/appellants within two months; and
(ii) that in case of success of appeal, the benefit shall go to the said heirs.
4. ' Security Rs, 5,000. Stay to continue subject to giving half of the produce to the said heirs. The appeal shall be prepared on the present record with direction to the parties to file all necessary documents.