| Case ID |
00d78327-daf5-4597-a074-c7daaaf0c4e8 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos. 25768, 29643 and 32654 of 2014 |
| Decision Date |
Apr 23, 2019 |
| Hearing Date |
Apr 23, 2019 |
| Decision |
The Lahore High Court has quashed the impugned order issued by the District Collector, Sheikhupura, thereby nullifying the administrative decision that invalidated the allotment of evacuee property to the petitioners. The court concluded that the District Collector lacked the lawful authority to annul the allotment based on procedural grounds such as the failure to present a copy of Register RL-II and the absence of mutation attestation. The judgment emphasized that once the matter was adjudicated in the judicial forum, it could not be reopened administratively. Additionally, the court highlighted that the Displaced Persons Land Settlement Act, 1959 and the Punjab Land Revenue Act, 1967 exempted the disputed property from certain administrative interventions. The court ordered the correction of revenue entries in favor of the petitioners, thereby reinforcing the legality of the initial allotment and protecting the property rights of displaced persons. This decision underscores the judiciary's role in safeguarding property rights against unauthorized administrative actions, ensuring that legal procedures are strictly followed, and preventing misuse of authority by revenue officials. |
| Summary |
In the landmark case of Writ Petitions Nos. 25768, 29643, and 32654 of 2014, adjudicated by the Lahore High Court on April 23, 2019, the court addressed critical issues surrounding property rights and administrative authority under the Punjab Land Revenue Act, 1967, and the Displaced Persons Land Settlement Act, 1959. The petitioners, including Javed Akhtar Khan and others, challenged the District Collector of Sheikhupura's decision to annul their allotment of evacuee property. The court meticulously examined whether the administrative actions were legally justified, especially focusing on the necessity of presenting Register RL-II and the attestation of mutation in the Revenue Record. The High Court found that the District Collector exceeded his jurisdiction by attempting to disrupt the finalized judicial decree through administrative means. Citing precedent cases such as Hazratullah v. Rahim Gul and Chuttan v. Sufaid Khan, the court reinforced the principle that once judicial scrutiny has validated property titles, administrative bodies cannot override these decisions without lawful authority. The decision not only quashed the impugned order but also mandated the correction of revenue records to reflect the rightful ownership of the petitioners. This ruling is significant for displaced persons and property rights advocates, as it strengthens legal protections against arbitrary administrative interventions. By emphasizing the supremacy of judicial decisions in property disputes, the Lahore High Court has set a robust precedent ensuring that property rights are upheld and that administrative bodies adhere strictly to legal boundaries. The case also highlights the importance of clear legislative frameworks in safeguarding the interests of displaced individuals, ensuring that their rights to land and property are not undermined by bureaucratic overreach. This judgment is a pivotal reference for future cases involving land settlement and revenue disputes, providing a clear roadmap for both legal practitioners and property owners to navigate complex administrative challenges with confidence in their legal protections. |
| Court |
Lahore High Court
|
| Entities Involved |
Settlement Authorities,
Revenue Department,
Liaqat Memorial High School
|
| Judges |
CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE
|
| Lawyers |
Muhammad Shahzad Shaukat,
Atif Mohtashim Khan,
Syed Muhammad Kaleem Ahmed Khursheed,
Ch. Riasat Ali,
Amer Farooq,
Shadab Hassan Jarfi
|
| Petitioners |
JAVED AKHTAR KHAN,
Muhammad Shahzad Shaukat,
Atif Mohtashim Khan,
Syed Muhammad Kaleem Ahmed Khursheed,
Ch. Riasat Ali,
Amer Farooq
|
| Respondents |
DISTRICT CO-ORDINATION OFFICER/DISTRICT COLLECTOR, SHEIKHUPURA
|
| Citations |
2020 SLD 1157,
2020 MLD 900
|
| Other Citations |
Hazratullah and others v. Rahim Gul and others PLD 2014 SC 380,
Chuttan and others v. Sufaid Khan and others 1987 SCMR 503,
Commissioner of Income-tax, East Pakistan v. Fazlur Rahman PLD 1964 SC 410,
Member Board of Revenue/Chief Settlement Commissioner, Lahore and 2 others v. Mst. Sajida Parveen and others 2010 SCMR 1942 rel.
|
| Laws Involved |
Punjab Land Revenue Act, 1967,
Displaced Persons Land Settlement Act, 1959
|
| Sections |
3,
7-A
|