Mst. SARDAR BEGUM vs MEMBER (COLONIES) BOARD OF REVENUE And Other
This matter arises from a petition concerning the cancellation of an allotment of land comprising Killa No. 2, Square No. 51, which was withdrawn from the petitioner on the ground that it constituted State land not subject to exchange with evacuee land. The core legal question is whether an allotment of land made and maintained in favor of the petitioner since 1953, and reflected in subsequent Jamabandis, can be lawfully taken away when the area remains unallotted to anyone else. The Supreme Court of Pakistan held that the contentions raised by the petitioner require deeper consideration and accordingly granted leave to appeal. The key principle laid down is that long-standing allotments shown in revenue records warrant a full review by the court when disputed by state authorities, and an interim status quo preserving possession must be maintained pending the final adjudication of the appeal.
- Whether an allotment of land shown in the owner's favor in Jamabandis since 1953 can be cancelled on the ground that it forms part of unexchanged State land?
- Does a long-standing land allotment that remains unallocated to any other party require consideration for the grant of leave to appeal?
ORDER
ABDUL SHAKURUL SALAM, J.---Dispute relates to Killa No. 2, Square No.51, which has been taken away from the petitioner's allotment on the ground that this was part of the State land not exchanged with the evacuee land.
2. Learned counsel contends that not only it was so and would appear to be so in the context of the entire exchange proceedings, but the area in question has been given to nobody and the petitioner deprived thereof in spite of its allotment to her since 1953 and shown in her ownership in subsequent Jamabandis.
3. Contentions raised require consideration. Leave is granted. Status quo shall be maintained.
Security in the sum of Rs.2,000. Appeal shall be processed on the present record subject to the parties filing any additional document, if they so desire.