Spr. (Retd.) DURI AMAN KHAN vs Lt.Col. MUHAMMAD SADIQUE and others
This appeal arose from the cancellation of an allotment of 200 Kanals of land in the Border Area, which the appellant claimed was granted to him based on a recommendation from the General Headquarters (G.H.Q.). The core legal question was whether the appellant had established that he was a valid recommendee of the G.H.Q. for the land allotment as required under the relevant regulations. The Supreme Court observed that the appellant failed to produce the alleged recommendation letter despite multiple opportunities. Conversely, the respondents produced official correspondence from the Adjutant-General confirming that no such recommendation had been made and that the allotment was secured fraudulently. The Court held that the appellant failed to substantiate his claim, noting that the factual dispute had been consistently resolved against him by all lower forums. Consequently, the Court dismissed the appeal, affirming that an allotment obtained without the requisite G.H.Q. recommendation, as mandated by the applicable regulations, is invalid and subject to cancellation.
- Whether an allotment of land in the Border Area is valid if the allottee fails to prove the mandatory recommendation from the General Headquarters?
- Can an allotment of land be cancelled if it is determined to have been secured fraudulently without the required administrative recommendation?
- Does the Supreme Court interfere with concurrent findings of fact regarding the existence of an administrative recommendation for land allotment?
- Martial Law Regulation No. 9
ORDER
' ABDUL QADEER CHAUDHRY.--- Leave to appeal was granted to ' the appellant to consider whether the land measuring 200 Kanals was allotted to the petitioner by the Border Area Allotment Committee.
2. The facts in brief are that the petitioner claimed that he applied to the G.H.Q. For allotment of land in the Border Area. His application was recommended by means of letter No,7778/487/WR-I, dated 8th January, 1962. On the basis of above recommendation, the petitioner was allotted 200 Kanals of land in Chak No,262/HR, Tehsil Fortabbas, District Bahawalnagar by the respondent No,2 on 29-1-1970. The allotment in favour of the petitioner was cancelled on 20-2-1979 by respondent No,1. The petitioner filed a Constitution petition in the High Court but the same was dismissed on 21- 9-1982 by the High Court.
3. We have heard the learned counsel for the parties. It is contended by learned counsel for respondent No,3 that the land was not allotted to the petitioner by the G.M.Q. The High Court in para. 2 of the impugned judgment has stated as under:-- "The comments of the respondents were called and in their comments they explained that the case for allotment in favour of the petitioner was never recommended by the G.H.Q. Rawalpindi and it was a bogus allotment. The learned counsel for the petitioner undertook to produce the record evincing the recommendation of the G.H.Q., Rawalpindi for allotment of land in favour of the petitioner. Three adjournments have been granted to the petitioner to produce the said letter. The said letter has not been produced and the learned counsel appearing for the petitioner has stated that the whereabouts of the petitioner are not known and he has shifted to District Hamra."
4. The learned counsel for the appellant has referred to letter dated 11th May, 1972 alleged to have been issued by the Adjutant-General; but this letter only states that letter No,7778/487/WR-I dated 6th January, 1962 is correct. This letter does not show that any land was allotted to the petitioner.
On the other hand the letter dated 16th February, 1978 issued by the Adjutant-General, has specifically stated that G.H.Q. Had not recommended for the allotment of land to the petitioner in Chak No,262/HR, Tehsil Fortabbas District Bahawalnagar. The Border Area Committee has also taken notice of the fact that the petitioner secured allotment fraudulently, because he was not recommendee of the G.H.Q. As is provided in M.L.R. No,9. The Committee made a reference to the G.H.Q. As there was a doubt and the G.H.Q. On 16-2-1978 confirmed that no recommendation for allotment of land was made in favour of the petitioner. The learned counsel has referred to the letter dated 18th September, 1984, issued by one Lt.-Col. Muhammad Azam Khan, that the name of the petitioner for the allotment of land was mentioned at Serial No,140 but such letter has not been produced. Even the list of the persons whose names had been recommended has not been filed.
The learned counsel for the petitioner has admitted that in spite of his best efforts he could not secure copy of the letter from the G.H.Q. To prove that the petitioner was recommended by the G.H.Q. The petitioner has raised factual question which has been resolved against him by all the forums. There is no force in this appeal. The appeal is dismissed leaving the parties to bear their own costs.