MUHAMMAD YOUSAF vs MEMBER JUDICIAL-IV, BOARD OF REVENUE, PUNJAB, LAHORE S — 2025 SCMR 459 SUPREME-COURT

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MUHAMMAD YOUSAF VS MEMBER JUDICIAL-IV, BOARD OF REVENUE, PUNJAB, LAHORE S. 10---Punjab Colony Manual (Edition-1933),Vol. 1, Para 321---Notification No.1997-2001/1174-CLI, dated 09-07-2001---Notification No.81-2006/50-C.(V), dated 17-01-2006---Notification No.917-2013/932-C.L(I), dated 26-11-2013---Allotment of state land---Chragah land (Pasture land)---Principle---Dispute was with regard to allotment of Charagah to respondent by authorities as State land---Validity--- Respondent was given land in question under Lambardari grant on the basis of Notification No.81-2006/50-C.(V), dated 17-01-2006, regarding grants of State land on lease, free of charge to Lambardar---Provisions of Notification No.81-2006/50-C.(V), dated 17-01-2006 did not mention Charagah land being included in it as State land---State land and Charagah land were wrongly construed to be one and the same---Charagah land was distinct from State land and despite different Notifications which permitted lease of Charagah land it was clear from Notification No.1997-2001/1174-CLI, dated 09-07-2001 and further from Notification No.917-2013/932-C.L(I), dated 26-11-2013 that Charagah land could only be leased out on specific conditions with the permission of Board of Revenue---Such notifications were overlooked by High Court in its order and treatment of Charagah land as State land was misconceived---Authorities did not have permission from Board of Revenue and such fact was reiterated numerous times in the orders of the revenue for grant of lease of certain available State agricultural lands situated within prohibited zone/State Charagah land for temporary cultivation---Land under possession of respondent in the form of Lambardarigrant was Charagah land---It was necessary that before allotment of such land, Board of Revenue was to consider the purpose and the terms and conditions for the grant if at all---Charagah land was always considered as a common resource for the benefit of village and, if at all, such land had to be leased out, it would be for a public purpose that too for a specified period of time with the permission of Board of Revenue---There was no Notification or provision under which Charagah land could be converted as State land or could be leased out for an indefinite term to a Lambardar for the period of his tenure---Tenure of respondent started in year 2001 and still continued and allotment was neither short term nor was it for a public purpose---Board of Revenue gave a specific advice vide letter No.538-2022/1877 C-V, dated 10.06.2022 that Charagah land could not be allotted to anyone under Lambardari grant and the reason for such advice and cautious guarding of Charagah land was that the character of the such land could not be changed---Even letter in question was ignored in the order passed by High Court, consequent to which grant in favour of respondent was upheld---Supreme Court set aside order passed by High Court as revenue authorities rightly cancelled allotment of Charagah land as Lambardari grant in favour of respondent and ordered for its resumption in favour of State---Appeals were allowed.

MUHAMMAD YOUSAF vs MEMBER JUDICIAL-IV, BOARD OF REVENUE, PUNJAB, LAHORE S — 2025 SCMR 459 SUPREME-COURT

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