GOVERNMENT OF WEST PAKISTAN THROUGH THE SECRETARY, DEPARTMENT OF — 1970 SCMR 552

Citation: 1970 SCMR 552

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Petitioner: GOVERNMENT OF WEST PAKISTAN THROUGH THE SECRETARY, DEPARTMENT OF JUDGMENT

Headnotes

Case cited as 1970 SCMR 552

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:GOVERNMENT OF WEST PAKISTAN THROUGH THE SECRETARY, DEPARTMENT OF JUDGMENT Reported As: 1970 SCMR 552 Result: Appeal allowed Judgment JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is from the order passed by the High Court in Civil Revision No. 241 of 1967 dated the 30th August 1967. A learned Single Judge of the High Court accepted the revision and set aside the order dated 29th April 1967, passed by the Additional District Judge. Lahore, and restored the order dated the 27th January 1967, passed by the Civil Judge, Lahore, granting the temporary injunction to the respondents against the appellants. The facts giving rise to this appeal are that by letter dated the 5th October 1965, the Director of Mineral Development, Government of West Pakistan, as licensing authority, agreed to grant to respondent Ahmad Safdar Khan, a mining lease of ordinary sand over an area of 518 acres in river Ravi, Tehsil and District Sheikhupura for a period of five years at 8 annas per acre per year subject to the terms and conditions contained in the said letter. It appears that later on, a part of the said area which fell within reserve forest was advertised for auction for removal of sand by the Divisional Forest Officer, who is appellant No. 2 in this appeal. Thereupon, respondent No. 1 brought a suit against the appellants for a declaration of his mining rights and for injunction…

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