Pakistan Case LawMEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and others Versus KHAN MUHAMMAD
This petition for leave to appeal arises from an order of the Lahore High Court passed in a writ petition, whereby the respondent was granted proprietary rights in respect of certain State land held under a 15 years lease scheme. The respondent had previously been conferred proprietary rights under the ejected tenants scheme in 1967 and later obtained lease land in 1971. After portions of the land were resumed for a graveyard and his challenges failed, he applied for proprietary rights over the remaining leased land based on a notification dated September 3, 1979. The revenue authorities declined the request, citing his prior acquisition of proprietary rights. The High Court, however, ruled in favor of the respondent. The Supreme Court granted leave to appeal to examine whether the High Court could competently exercise its writ jurisdiction to grant proprietary rights contrary to the provisions of paragraph 4(b) of the scheme promulgated under the notification.
- Whether the High Court in exercise of writ jurisdiction can competently grant proprietary rights contrary to the provisions of a notification scheme?
- Does the prior acquisition of proprietary rights under the ejected tenants scheme bar a lessee from obtaining proprietary rights under the 15 years lease scheme pursuant to the notification dated 3-9-1979?
ORDER
MANZOOR HUSSAIN SIAL, J.---The petitioners seek leave to appeal from order dated 9-12-1992 of the Lahore High Court, passed in Writ Petition No, 944 of 1988.
2.Khan Muhammad respondent was conferred proprietary rights in the State land measuring 19 Kanals and 14 Marlas under the ejected tenants scheme in 1967. Thereafter, in the year, 1971, he obtained allotment of 58 Kanals and 3 Marlas of land on 15 years lease scheme. It appears that the Assistant Commissioner/Collector Sumandari, District Faisalabad, resumed out of the aforesaid land 17 Kanals and 3 Marlas for the graveyard. The respondent challenged the aforesaid order up to the level of this Court but of no avail. Afterwards he applied for conferment of proprietary rights in respect of the land occupied by him under 15 years lease scheme on the basis of the Notification issued on 3-9-1979. The petitioners declined to grant proprietary rights in his favour in respect of the land in dispute on the ground that he had already obtained proprietary rights in another piece of land in 1967. He eventually invoked the constitutional jurisdiction of the High Court and the learned Single Judge vide impugned order granted the proprietary rights regarding the land in dispute. Hence this petition for leave to appeal.
3.Learned counsel for petitioners contended that the impugned order of the High Court is in violation of the terms and conditions of notification dated 3-9-1979. We have perused the notification and prima facie, find force in his submission.
4.Leave to appeal is, therefore, granted to consider whether the High Court in exercise of writ jurisdiction could competently grant proprietary rights to Khan Muhammad respondent, in respect of the and in dispute, contrary to the provisions of para 4(b) of the Scheme promulgated vide Notification dated 3-9-1979.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Manzoor Hussain Sial807 judgments