2010 MLD 768 LAHORE-HIGH-COURT-LAHORE

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MASOOD AHMAD VS SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE PLD 1978 SC 242, Colonization of Government Lands (Punjab) Act 1912--10 , Colonization of Government Lands (Punjab) Act 1912--32 , Colonization of Government Lands (Punjab) Act 1912--34 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ss. 10, 32 & 34---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Lease of State land under Temporary Cultivation Scheme---Deposit of price of land by petitioner after Collector declared him eligible to acquire proprietary rights thereof---Insertion of respondents' name in Khasra Girdawri in collusion with Revenue Staff before granting of proprietary rights to petitioner---eviction of respondents from land by order of Collector passed on application of petitioner---Operation of eviction order suspended by Member, Board of Revenue in appeal filed thereagainst by respondents and directed to put them in possession of land, which was accordingly done by Collector---Validity---Respondents had got their names inserted in Khasra Girdawri with a view to get land cancelled from petitioner's name and, then get same transferred in their names---While passing injunctive order, Member, Board of Revenue had been misled by respondents---Collector instead of putting respondents into possession of land under cover of injunctive order, was bound to report to Member, Board of Revenue that before passing such order, possession of petitioner had already been restored---Such act of Collector was unlawful and mala fide---Resumption order could not be passed against petitioner after having paid sale price of land---Filing of suit by respondents for permanent injunction to protect their possession during pendency of constitutional petition was a mala fide act and misuse of process of law---Respondents had obtained interim order in such suit by keeping Trial Court in dark---High Court declared impugned order of Board of Revenue to the extent of suspending operation of order of Collector to be without lawful authority and of no legal effect, resultantly restitution of possession of petitioner would follow---High Court further directed Member, Board of Revenue to examine conduct of Collector and subordinate officials and proceed against them as they had made entries in Khasra Girdawri and put false reports in such matter.