| Case ID |
168d1f4c-8b6c-4eee-94a0-864f80023ed7 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 3323 of 1981 |
| Decision Date |
Jun 13, 1995 |
| Hearing Date |
Jun 13, 1995 |
| Decision |
The Lahore High Court ruled that the impugned order of resumption of land by the Colony Assistant was without lawful authority. The court emphasized that the powers of the Collector were not vested in the Colony Assistant at the time of the order, making it a nullity. The court held that the petitioners had established their rights over the land, having retained possession for nearly 49 years prior to the resumption order. The court directed the government to safeguard the petitioners' rights over the land and declared the resumption order ineffective. The case highlighted the principles of maintainability of constitutional petitions in instances of jurisdictional excess and the necessity for proper legal authority in administrative actions. |
| Summary |
The case of Hudaybia Textile Mills Limited vs. Colony Assistant/Collector, Faisalabad, revolves around the legal complexities regarding land acquisition and administrative authority. The Lahore High Court examined the maintainability of a constitutional petition challenging an order of land resumption issued by the Colony Assistant, who lacked the requisite powers of a Collector at the time. The court underscored the importance of jurisdiction in administrative actions, ruling that the resumption order was null and void. The decision reinforced the rights of the petitioners over the land they had possessed for decades, emphasizing that government actions must be grounded in lawful authority. The case serves as a significant reference for issues of jurisdiction, administrative law, and the protection of property rights within the framework of the Constitution of Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
HUDAYBIA TAXILE MILLS LIMITED,
COLONY ASSISTANT/COLLECTOR, FAISALABAD
|
| Judges |
CH. KHURSHID AHMAD, J
|
| Lawyers |
A. Karim Malik,
ZaeemulFarooq Malik,
Rana A. Rahim Khan,
Shahid Hamid,
Malik Talib Hussain Awan,
Muhammad Aslam Chatha,
Muhammad Sarwar Yaqub
|
| Petitioners |
HUDAYBIA TAXILE MILLS LIMITED
|
| Respondents |
COLONY ASSISTANT/COLLECTOR, FAISALABAD
|
| Citations |
1996 SLD 1361 = 1996 PLD 219
|
| Other Citations |
Nagina Silk Mills Ltd v. ITO and another PLD 1963 SC 322,
Premier Cloth Mills v. Sales Tax Officer 1972 SCMR 257,
Salahuddin and 2 others v. Frontier Sugar Mills & Distillery Ltd., Takht Bhai and 10 others PLD 1975 SC 244,
Hudaybia Textile Mills Ltd. v. Allied Bank of Pakistan and another PLD 1987 SC 512,
Ahbab Cooperative Society v. Commissioner PLD 1978 Lah. 273,
Faiz Ali v. Rafla Jan PLD 1956 Lah. 94,
Rehmatullah v. Muhammad Ismail PLD 1958 WP (Rev.) 77,
Mazhar Hussain v. Noor Ahmad PLD 1958 W.P. (Rev.) 17,
Ilam Din v. Muhammad Din PLD 1964 SC 842,
Zafarullah Khan v. Abdul Rehman 1985 MLD 1574,
The State v. Muhammad Ismail and another 1990 SCMR 268,
Province of West Pakistan v. Muhammad Yasin PLD 1964 SC 438,
Alnoor Textile Ltd. v. Collector of Customs 1990 ALD 356,
Muhammad Ibrahim etc. v. M.C., Chiniot 1990 ALD 655,
Mumtaz Hussain v. District Magistrate 1990 PCr.LJ 1784,
Muhammad Ayub v. Custodian of Evacuee Property PLD 1963 Kar. 551,
Muhammad Yaqub v. Municipal Corporation PLD 1971 Lah. 664
|
| Laws Involved |
Constitution of Pakistan (1973),
Colonization of Government Lands (Punjab) Act (V of 1912),
Land Acquisition Act (I of 1894)
|
| Sections |
199,
10,
20,
24,
25,
26,
30,
32,
34,
4,
17,
48
|