| Case ID |
15110161-58c1-4511-8965-6d67aabc3167 |
| Body |
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| Case Number |
Writ Petition No. 617 of 1958 |
| Decision Date |
Jul 16, 1958 |
| Hearing Date |
|
| Decision |
The court dismissed the petition on the grounds that the petitioner failed to provide sufficient evidence to support his claims regarding the cancellation of the lease. The petitioner could not produce the original order of cancellation, which was crucial for establishing the legality of the actions taken against him. The court emphasized that petitioners must come with a clear case and adequate documentation, and cannot use the court's process to gather evidence post-factum. The request for a report from the respondent was denied, as the court found no justification for such action based on the current evidence. |
| Summary |
In the case of Writ Petition No. 617 of 1958, the Lahore High Court addressed the issue of land lease cancellation involving the petitioner, Hukmat Khan, who claimed to have been wrongfully dispossessed of government land. The petitioner argued that his lease was cancelled without notice, violating his rights under the Colonization of Government Lands Act. The court found that the petitioner failed to present the necessary documentation to substantiate his claims, including the original order of cancellation. The ruling underscored the importance of petitioners coming to court with a well-supported case, highlighting the legal principles governing land rights and judicial processes in Pakistan. The decision reinforced the criteria for petitioners under Article 170 of the Constitution, emphasizing that they cannot seek court intervention merely to gather evidence after filing a petition. The case illustrates the judicial standards expected in administrative law disputes and the necessity for clarity and evidence in legal claims regarding property rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AKHLAQUE HUSAIN, J
|
| Lawyers |
Sardar Zafarullah
|
| Petitioners |
HUKMAT KHAN
|
| Respondents |
anothers,
Sardar ASGHAR ALI
|
| Citations |
1958 SLD 71,
1958 PLD 962
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 170,
Section 10,
Section 24
|