| Case ID |
260c6aec-241e-4ff8-b6f5-ce002bf11cfb |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No, 866 |
| Decision Date |
Oct 06, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the Provincial Minister for Rehabilitation and Colonies did not have the jurisdiction to overturn the findings made by the Board of Revenue regarding the resumption of land allotted to the petitioner, Abdul Aziz. The court emphasized that the orders made by the Board of Revenue had become final and that the Minister could not intervene in a quasi-judicial capacity to alter these findings. The decision confirmed that the resumption of the land was lawful and that the petitioner had breached the conditions of the Grow More Food Scheme. The court dismissed the petitioner's appeal, stating that the order of the Minister was without lawful authority and of no legal effect. |
| Summary |
In the case of Abdul Aziz vs. Ali Sher, the Supreme Court of Pakistan addressed a dispute over the resumption of government land under the Colonization of Government Lands Act. The petitioner, Abdul Aziz, contested the Collector's order for resumption, claiming erroneous findings regarding his cultivation of the land. The court analyzed the jurisdiction of the Provincial Minister to intervene in the matter after it had been determined by the Board of Revenue. The ruling highlighted the importance of judicial authority and the finality of decisions made by specified statutory authorities. The case reinforces the principle that executive powers do not extend to revising judicial findings unless explicitly provided by statute. This decision is significant for understanding the limits of governmental authority in land disputes and the protection of rights granted under specific laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Board of Revenue, Punjab
|
| Judges |
ANWARUL HAQ, C.J.,
SHAFI UR REHMAN, J
|
| Lawyers |
Not available
|
| Petitioners |
ABDUL AZIZ
|
| Respondents |
Ali Sher
|
| Citations |
1980 SLD 522,
1980 SCMR 509
|
| Other Citations |
Lai Din v. Muhammad Yousaf and another P L D 1961 Rev. 25,
Shah Muhammad v. Muhammad Sharif P L D 1966 Rev. 192,
Lt. Col. Muhammad Amin Khan v. Government of West Pakistan and others P L D 1966 Lab. 111,
Chaudhury Muhammad Zafar Yasin v. M. Ghulam Qadir and others 1968 SCMR 642,
Muhammad Ayub etc. v. Muhammad Yaqoob and another P L D 1975 Lab. 445,
Sh. Muhammad Sharif v. Inspector General of Prisons, Punjab P L D 1978 Lab. 15
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
7,
10
|