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Petitioner: ALAM SHER And Others VS Respondent: THE MEMBER, BOARD OF REVENUE (COLONIES) And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, M. S. H. Qureshi Title:ALAM SHER And Others vs THE MEMBER, BOARD OF REVENUE (COLONIES) And
Other Case No.: Civil Petition No. 109 of 1983 Petition No. 4595 of 1982 Date of Judgment:1985-06-08 Reported As: 1985 SCMR 1933 Result: Leave granted Judgment ORDER M.S.H. QURAISHI, J.--The disputed land measuring 560 Kanals, situate in Chak No. 13-B/MB, District Khushab, had been given to Haji Fatelt Khan, predecessor-in-interest of the petitioners, under the award made by the Collector on 19-9-1955, as compensation for his land acquired by the Government for the Thal Development Authority. Haji Fateh Khan and after his death, the petitioners have been shown as Tabadila Girinda. Subsequently the said Authority wanted to pay them cash compensation and eject them from the land in question, which led to the filing of a suit for a mandatory injunction which ended in the judgment of the High Court dated 1-2-1967 holding that Hap Fateh Khan was a bona fide purchaser of the land and that the Authority was debarred from resiling from its commitment and that, therefore, the petitioners were entitled to a mandatory injunction. In passing, the High Court also observed that the Government was not bound by the acts and conduct of the Authority. It is submitted that the Government, subsequently, by letter dated 15-11-1976 decided to allow the petitioners to remain in the land on payment by them of the difference of the price to which the petitioners agreed but that the Board of Revenue by its order dated 4-10-1982 decided to eject them from the disputed land. The petitioners challenged the decision by filing a writ petition in the High Court but the same was dismissed by the impugned order dated 28-11-1982 for the reason that the petitioners could not claim any right against the Government on the basis of the exchange effected by the Authority. 2. After hearing learned counsel present, we are inclined to the view that the matter requires further examination,. Leave to appeal is, accordingly granted. Security Rs.2,000. The order of status quo already passed shall continue.