MUHAMMAD HANIF vs PROVINCE OF PUNJAB and another
This matter arises from a petition for leave to appeal against the dismissal of the petitioner's civil revision by the High Court, which upheld the dismissal of his suit for a declaration regarding the subsistence and continuance of a lease of State land under the Grow More Food Scheme. The core legal question concerns whether a minor is legally competent to obtain an allotment of land under the said scheme, either by fulfilling conditions through a guardian ad-litem or agent, and whether departmental instructions prohibiting minors from such allotments are ultra vires the general legal provisions governing the competency of minors. The Supreme Court granted leave to appeal to examine these questions and related legal points, directing that status quo continue in the interim.
- Whether a minor is competent to obtain an allotment of State land under the Grow More Food Scheme?
- Can a minor fulfil the conditions of a land allotment scheme through a guardian ad-litem or agent?
- Whether departmental instructions or rules prohibiting the allotment of land to a minor are ultra vires the general legal provisions relating to the competency of minors?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal bas been sought, against the dismissal by the High Court of petitioner's civil revision. His suit for declaration regarding subsistence and continuance of a lease in his favour of State land under Grow More Food Scheme, was dismissed. He having failed in appeal and Civil Revision has now sought leave to appeal.
2. ' The main consideration which weighed with the Departmental Authorities and subsequently the Courts, was that the petitioner at the time of the allotment, was a minor. Learned counsel has relied on the decision of Board of Revenue in a similar case 5 years subsequent to the decision in the present case, taking a contrary view on the question relating to the minority of the allottee. Apart from this point, it would need examination whether, under the relevant law it was not possible for a minor to obtain allotment of land under Grow More Food Scheme. And thereafter either to fulfil the conditions if he is physically fit to do so notwithstanding his minority or to engage help to do the needful and in any case to act through his guardian ad-litem as his agent. A further question would need examination; whether, in case there is any departmental instruction or a rule or stipulation in a Scheme which prohibits a minor to do all this it will not be ultra vires the other legal provisions relating to the acts and comptency of a minor.
3. ' These and other related questions as also those raised in this petition, require examination. Leave to appeal accordingly is granted. Security for each Rs,5,000. It shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of the appeal.
4. ' Status quo to continue.