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Petitioner: ABDUL MAJEED KHALID VS Respondent: GOVERNMENT OF PUNJAB
1988 S C M R 1139
1988 S C M R 1139
Present: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ
CH. ABDUL MAJEED KHALID and others‑‑Petitioners versus GOVERNMENT OF PUNJAB through. Collector/ Deputy Commissioner, Kasur and others‑‑Respondents
Civil Petition No.597 of 1987, decided on 20th March, 1988.
(From the order, dated 26‑7‑1987 of the Lahore High Court, Lahore in Intra Court Appeal No.109 of 1987).
Civil Procedure Code (V of 1908)‑‑
‑‑‑Ss.91 & 92‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Plot of land forming part of village abadi and being used for public purposes by residents of village‑‑Petitioners objecting to its use for setting up a school thereat‑‑Neither of the parties individually in exclusive possession of the plot‑‑School already constructed with approval and at instance of the majority of the residents of village abadi‑‑Supreme Court declined to interfere and refused leave to appeal.
Mian Nisar Ahmad, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑ on‑Record for Petitioners.
Ch. Khurshid Ahmad, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Respondents Nos.14, 38, 43, 98, 106 and 111.
Date of hearing: 20th March, 1988.
ORDER SAAD SAOOD JAN, J.‑‑The dispute between the parties relates to a plot, bearing Khasra No.8277 in Kct Pucca Qilla, Kasur. It is part of the village abadi. A Primary School for girls has been constructed on it. The petitioners are residents of Kot Pucca Qilla. They object to the use of the plot for the purposes of setting up a school therein. Their case is that the plot is unsuitable for a girl school and that they have been using it as Janj/Funeral ghar for parking their vehicles.
The petitioners are 20 in number. It is not their case that any of them is individually in exclusive possession of the plot or it is only they that use the plot as Janj/Funeral ghar or parking place for their vehicles. The school has already been constructed with the approval and at the instance of the majority of the residents of the abadi. In the circumstances, it is not a fit case for this Court to interfere. Leave is refused.
M.I./A‑211/S Petition dismissed.