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Petitioner: NAZIR AHMAD KHAN VS Respondent: MEMBER (COLONIES), BORAD OF REVENUE, PUNJAB, LAHORE And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title:NAZIR AHMAD KHAN vs MEMBER (COLONIES), BORAD OF REVENUE, PUNJAB,
LAHORE And Other Case No.: Civil Petition No.809 of 1981 W.P. No.4022 of 1979 Date of Judgment:1988-07-19 Reported As: 1991 SCMR 1726 Result: Leave refused Judgment ORDER MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has been sought by the grandson of an ex- allottee of Government land under a scheme framed under the Colonization of Government Lands Act, against the dismissal of his writ petition. The land in question was resumed in 1977. That aspect is no more in dispute. The Collector imposed penalty at the rate of 40 times of the land revenue for illicit cultivation. The petitioner's appeal was dismissed by the Additional Commissioner. A learned Member, Board of Revenue, reduced the penalty from 40 times of the land revenue to 20 times. The petitioner's constitutional petition challenging the order for recovery having been dismissed, he has now sought leave to appeal. It is not denied that the amount being recovered is not commensurate with the benefit obtained. That being so, the High Court should have dismissed this appeal on the sole ground that the petitioner was not entitled to discretionary relief in the exercise of its writ jurisdiction. For the same reason, he is not entitled to discretionary relief of grant of leave to appeal by this Court. The same is accordingly refused.