HABIB AHMAD AND Another vs MEMBER, BOARD OF REVENUE (COLONIES), — 1970 SCMR 235

Citation: 1970 SCMR 235

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: HABIB AHMAD AND Another vs MEMBER, BOARD OF REVENUE (COLONIES), JUDGMENT

Headnotes

Case cited as 1970 SCMR 235

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title:HABIB AHMAD AND Another vs MEMBER, BOARD OF REVENUE (COLONIES), JUDGMENT Reported As: 1970 SCMR 235 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioners were allotted some lands under the Tubewell Sinking Scheme, on the 18th April 1953, in Tehsil Samundari, District Lyallpur. On subsequent scrutiny made by the Governor's Inspection Team it was, however, found that the area concerned was in fact commanded by Canal Irrigation and had actually been irrigated and cultivated in 1951. On the recommendation of the Governor's Inspection Team, therefore, the Collector, after hearing the petitioners, ordered the resumption of these lands on the 26th February 1968. The Collector took the view that even though under the instructions of the Government, contained in its letter No. 66-C dated 8-1-1953, an area which was technically commanded, could still be allotted if it had not been irrigated for two or three decades, yet the allotment of the land in dispute could not be maintained, because, the land had actually been cultivated only two years prior to the date of allotment; in 1951. This order was upheld by the Additional Commissioner on appeal and by the Board of Revenue in revision. The petitioners then invoked' the jurisdiction of the High Court under Article 98 of the Constitution of 1962. The main point urged in the High Court was that the land having been included…

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