Find a Lawyer

Writ Petitions Nos.5371 of 1984, 1268 and 1495 of 1985, decided on 26th February, 1986.

‑‑‑S.30‑‑Memorandum No.128‑83/364‑Cl. III, dated 31‑1‑1983‑‑Constitution of Pakistan (1973), Art. 199‑‑Proprietary rights, determination of‑‑Circular Memorandum of Board of Revenue, adversely affecting rights of petitioners conferred on them under earlier policy of Government, withdrawn by subsequent Circular/Memorandum‑‑Cases decided i,, accordance with withdrawn memorandum /circular were set aside at declared to be of no legal effect .in constitutional jurisdiction of High Court.

Ch. Muhammad Ashraf Wahla for Petitioners.

Khalil Ramday,Addl. A.‑G.‑for Respondent.

These three writ petitions being Nos. 5371 of 1984, 1268 and 1495 of 1985 are based ‑on common grievance that the circular memorandum of the Board of Revenue, dated 13‑1‑1983 could not effect adversely the rights of the petitioners who were to be governed under the earlier policy of 1979 and even the vires of 1983 circular memorandum have been challenged.

2. I think the controversy has been cut short as a result of the disclosure by the learned Additional Advocate‑General Mr. Khalil Ramday bringing to the notice of this Court the latest Circular Memorandum of the Board of Revenue, dated 20‑2‑1986 whereby the circular memorandum No. 128‑83/364‑Cl.‑III, dated 31‑1‑1983 has been withdrawn restoring the earlier position.

3. Consequently, the impugned orders in each case which were based on circular memorandum of 31‑1‑1983 are hereby set aside and declared to be without lawful authority and the cases are sent back to the Collector concerned for disposal of the petitioners' applications for the conferment of proprietary rights in accordance with law after excluding from consideration the effect of circular memorandum, dated 31‑1‑1983.

No order as to costs.

H.B.T. Petition allowed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.