PROVINCE OF PUNJAB vs WASEEM ARSHAD S — 2023 PLD 564 LAHORE-HIGH-COURT-LAHORE

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PROVINCE OF PUNJAB VS WASEEM ARSHAD S. 30---acquisition of proprietary rights---Scope---after confirming proprietary rights and registration of conveyance deed, allottee would become absolute owner of the land. S. 9---Courts to try all suits unless barred---Scope---Civil court is the court of ultimate jurisdiction and as such, it has jurisdiction to interfere in the matters where illegality is committed. Nobody can be condemned unheard. S. 30---Punjab Land Revenue Act (XVII of 1967), S. 45---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Acquisition of proprietary rights---Restriction on variation of entries in records---Scope---Respondents filed a suit seeking a declaration as to their ownership of the suit land and alleged that the order by the Board of Revenue whereby it had cancelled the allotment in favour of original allottee, was void ab initio and requested for a permanent injunction as consequential relief---Trial Court decreed the suit whereas Appellate Court dismissed the appeal filed by petitioners---Validity---Collector's order had confirmed the original allottee's proprietary rights through a registered deed---Original allottee had subsequently sold the land to the predecessor-in-interest of the respondents, who had transferred it to the present respondents---Despite occupying the land since 1993, the revenue authorities had neither issued any notice nor raised any objection---Revenue authorities had failed to provide evidence that the original allottee was not entitled to the land or that he had violated the scheme's conditions---Original allottee had complied with the scheme, paid the required amount, and received Patta Malkiyat for the original allotted land---Revenue authorities had initiated proceedings against the original allottee but had not involved the present respondents---Provincial Government had no right to claim ownership---Punjab Land Revenue Act, 1967 stipulates that reviews of mutations or revenue records should be done within a specific time and if any fraud is detected it can only be challenged through a civil suit---Revenue authorities had no right to take action when the revenue record showed a registered sale deed and the names of the new owners---No notice was issued to the new owners during the proceedings---Board of Revenue's order, after the issuance of Patta Malkiyat and registration of the conveyance deed, was unlawful---Revision petition was dismissed. S. 30---acquisition of proprietary rights---Scope---after payment of full price of land such person becomes absolute owner of the same and property comes out of the ambit of Colony/Revenue authorities and after the grant of proprietary rights and registration of conveyance deed no further action can be taken by the revenue department including Board of Revenue---Revenue authorities cannot cancel the allotment of the land---Thereafter, under such circumstance, no proceeding can be done under S. 30(2) of the Colonization of Government Lands (Punjab) act, 1912 and no order can be passed. S. 30---acquisition of proprietary rights---Scope---after proprietary right and registered sale deed, the powers of the revenue authorities to review or to take any action regarding the revenue record/allottee, allotment of land on the allegation of fraud or any other illegality is against the law.

PROVINCE OF PUNJAB vs WASEEM ARSHAD S — 2023 PLD 564 LAHORE-HIGH-COURT-LAHORE

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