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1989 SCMR 1676

ALLAH DITTA vs BOARD OF REVENUE and 2 others

Citation1989 SCMR 1676
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 18 and 133 of 1984
Date1988-08-15
Judge(s)Ghulam Mujaddid Mirza, Shafi-ur-Rehman
ResultLeave refused

ORDER

' GHULAM MUJADDID, J.--Allah Data, ex-Oanoongo and Zafar Iqbal ex-Patwari helped Ghulam Sarwar son of Jamal Din, resident of Chak 25/BC, Tehsil and District Bahawalpur in obtaining 112 kanals of land on five years lease scheme on 29-1-1980. The part played by the former was that he prepared a fictitious report in favour of Ghulam Sarwar whereas the latter showed the land as cultivated in Rabi 1981. Allah Ditta inspected the site and confirmed the Girdawari. As a result of connivance of both Patta Malkeeat was issued in favour of Ghulam Sarwar.

2. An application was moved before the Commissioner, Bahawalpur in which it was mentioned that the land given to Ghulam Sarwar was not a cultivating piece of land but most of its portion was under Highway going from Bahawalpur to Yazman. Most of it were sand dunes. Number of persons built houses and a very small portion of the land was considered as cultivated area. Enquiry was conducted. Both the revenue officials were dismissed from service. Both of them filed separate appeals before the Punjab Service Tribunal, Lahore. The appeals were dismissed by separate judgments on 19-12-1983.

3. Allah Ditta and Zafar lqbal have filed separate petitions for leave to appeal. Although their appeals had been dismissed by separate judgments but as the facts which led to the dismissal of both being common, these petitions are being decided by this order.

4. While dealing with the appeal of Allah Ditta, the Tribunal examined the legal points as well as factual position and also referred in the judgment the order of the Commissioner. Being satisfied that the orders of the Deputy Commissioner as well as Commissioner were in accordance with law, the appeal filed by Allah Ditta was dismissed in limine.

5. Similarly, the case of Zafar lqbal was thoroughly examined. Both the legal and the factual position was examined in detail. The Tribunal was satisfied that petitioner Zafar lqbal had been given opportunity to defend and plead his case and in neither case there was violation of any provision of law or rules framed thereunder.

6. We have heard learned counsel for the petitioners who repeated the contentions raised before the Tribunal in both the cases which had been rightly repelled. Learned counsel was unable to convince us that there is any question of law of public importance which calls for detailed examination by this Court. We, therefore, decline to grant leave to appeal. Both the petitions are dismissed accordingly.

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