2012 CLC 764 LAHORE-HIGH-COURT-LAHORE

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Ch. MUHAMMAD NAZIR CHEEMA VS MUJAHID SHER DIL, DCO/CHAIRMAN, DISTRICT TASK FORCE, SIALKOT 1997 SCMR 1020, 1998 SCMR 2386, 2009 SCMR 1018, 2010 PLC (C.S.) 266, 2010 SCMR 1301, 2011 PLC (C.S.) 799, PLD 2010 Kar. 182, PLD 2010 Lah. 546, PLD 2010 SC 61, Constitutional petition--TERM , Dispossession--Term , Executive Order--TERM , West Pakistan Land Revenue Act 1967--117 , West Pakistan Land Revenue Act 1967--122 , West Pakistan Land Revenue Rules 1968--RULE , Ss. 117 & 122---West Pakistan Land Revenue Rules, 1968, R.67-B---Constitution of Pakistan, Art. 199---Constitutional petition---Dispossession---Executive order---Petitioner was declared owner of land in question up to Supreme Court against respondent---Grievance of petitioner was that revenue authorities dispossessed him from his land through an executive order and handed over the same to respondent---Validity---Landowner could be evicted under Rule 67-B of West Pakistan Land Revenue Rules, 1968 read with sections 117 and 122 of West Pakistan Land Revenue Act, 1967, if the landowner was found in wrongful possession of a land as a result of demarcation proceedings taken under section 117 of West Pakistan Land Revenue Act, 1967---Authorities hearing application under section 122 of West Pakistan Land Revenue Act, 1967, could direct fresh demarcation proceedings or order eviction of landowner who was in wrongful possession of the land---Such power of Collector was qualified by the proviso to Rule 67-B (5) of West Pakistan Land Revenue Rules, 1968, which provided that where proceedings involved substantial question of title or an intricate question of law, the Collector would refer the matter to civil court---Possession of land in question was ordered to be restored to petitioner forthwith and order passed by revenue authorities was set aside---High Court also set aside the notifications issued by Board of Revenue to the extent of private lands and private disputes, as having been issued without lawful authority---Petition was allowed accordingly.