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Writ Petition No. 495 of 1977, decided on 21st March, 1977.

‑‑ S. 10‑Colony land‑Land originally reserved for Christians' graveyard‑Allotment of such land to petitioners, held, rightly cancelled by Board of Revenue.

Ch. M. Ashraf Azeem for Petitioner.

Nemo for Respondents.

Date of hearing : 21st March, 1977.

The dispute is with regard to Killa No. 25 in Square No. 39. The petitioner claims to be the allottee of this killa, the allotment in his favour having been extended for five years w. e. f. 3rd April, 1975. But the allotment was later cancelled as it transpired that the killa in dispute stood reserved as a graveyard for Christians. The Collector, however, decided to keep the petitioner's allotment in respect of the said killa intact and instead set aside some other piece of land for the graveyard. But the Additional Commissioner reversed the order of Collector and cancelled the petitioner's allotment so that Killa No. 25 might be used by the Christians as a graveyard. Thereupon the petitioner approached the Board of Revenue. The learned Member Colonies finding no irregularity or illegality in the order of the Additional Commissioner, maintained it, Hence this writ petition.

2. In view of the fact that the land in dispute was originally reserved for the graveyard, the order of the learned Member, Board of Revenue, is unexceptionable. There is no defect of jurisdiction in the impugned orders. Therefore, no interference with the said orders in the exercise of the Constitutional jurisdiction of this Court is warranted.

3. The petition is accordingly dismissed in limine.

M. Y. H. Petition dismissed.

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