SARFRAZ KHAN vs PROVINCE OF PUNJAB through D — 2025 CLC 434 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 434 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: SARFRAZ KHAN vs PROVINCE OF PUNJAB through D
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SARFRAZ KHAN VS PROVINCE OF PUNJAB through D.O.R. District Jhang Ss. 42 & 54---Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 10, 24 & 30 (2)---Suit for declaration and injunction---Confirmation of proprietary rights and registration of conveyance deed---Resumption of land---Principle---Petitioner/plaintiff claimed to be owner of suit land having property rights issued in his favour but authorities illegally passed resumption order---Trial Court and Lower Appellate Court concurrently decided suit and appeal against petitioner/plaintiff---Validity---Once sale price was deposited and possession was handed over to allottees by Collector, no other Revenue Authorities, even superior to the Collector, could intervene to reverse Collector's decision---If allotment was cancelled by Revenue Appellate Court, Civil Court had jurisdiction to set aside such cancellation, especially if it was found to be in violation of terms of sale or the provisions of Colonization of Government Lands (Punjab) Act, 1912---Board of Revenue was not equipped with any authority even to cancel allotment in favour of petitioner/plaintiff, once the price was received and sale deed had been executed---Where transferee had conveyed land to a bona fide purchaser, the power to resume land, for which proprietary rights had already been granted, could not be exercised---After confirmation of proprietary rights and registration of conveyance deed, allottee would become absolute owner of the land---High Court in exercise of revisional jurisdiction set aside concurrent judgments and decrees passed by two Courts below---Revision was allowed, in circumstances.

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