Khizar Hayat vs Member (Consolidation), Board of Revenue, Punjab S — 2026 MLD 844 LAHORE-HIGH-COURT-LAHORE

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Khizar Hayat VS Member (Consolidation), Board of Revenue, Punjab S. 24---Horse Breeding Scheme---Violation of tenancy conditions---Factual controversy---Petitioner was one of the legal heirs of deceased tenant of the land who was denied extension of tenancy in his favour on the allegations of violation of tenancy conditions---Validity---Allegation against petitioner, who was son of the previous lessee, pertaining to lifting of soil from leased land could not, in the absence of a proper inquiry, be treated as a conclusive violation of tenancy conditions---Petitioner's stance was that was soil was removed only to level the land and improve irrigation after getting permission, which required factual verification at the spot, particularly when the record showed that no on-ground inquiry was ever conducted before recording findings adverse to petitioner---Petitioner also claimed that period of lease was extended and the same was evident from the letter addressed by District Remount Officer, Sahiwal to the District Collector---It was for such precise reason that the Additional Commissioner (Revenue), while allowing appeal rightly remanded the matter to District Collector with the direction to obtain a site report from Additional Deputy Commissioner (Revenue), in presence of legal heirs of the deceased tenant and other relevant persons so that the issue of alleged violation could be determined on sound factual footing---Member (Consolidation), Board of Revenue, while passing order in question failed to appreciate such legal and factual position and did not advert to mandatory procedural requirement of conducting proper factual inquiry before upholding resumption of tenancy, thereby committing material illegality---High Court restored order passed by Additional Commissioner (Revenue) as the same reflected correct legal approach and ensured adherence to the policy governing Horse Breeding Tenancies as well as principles of natural justice---High Court directed District Collector, to conduct acomprehensive and factual inquiry into the allegations raised against entitlement of petitioner---Constitutional petition was allowed, in circumstances.

Khizar Hayat vs Member (Consolidation), Board of Revenue, Punjab S — 2026 MLD 844 LAHORE-HIGH-COURT-LAHORE

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