Withdrawal of the Suit after Decision of Civil Revision

Withdrawal of the Suit after Decision of Civil Revision Board of Revenue Case Laws Civil Law Civil Revision Equity Fish Farm Scheme Knowledge - Civil Law Lahore High Court Litigation & Arbitration Solutions - Civil Law Withdrawal Mr. Justice Ch. Muhammad Iqbal in his judgment has decided the issue regarding withdrawal of the suit after decision of Civil Revision in Review Petition No. 02-C of 2016.

1. Through this review petition, the petitioner has prayed as under:

“It is, therefore, respectfully prayed that this petition may please be accepted and the impugned order dated 15.01.2016 passed by this honourabe Court may be recalled or modified to the extent that instead of revision petition, the suit may be allowed to be withdrawn and the competent authority shall not be influenced by any findings recorded by the learned Courts below entirely on a different issue for grant of Proprietary Rights.”

2. Brief facts of the case are that Provincial Government is owner of land measuring 37-Kanals 05-Marlas falling in Khewat Nos.178, 179 situated in Chak No.92/12-L Tehsil Chichawatni, District Sahiwal. The said land was given to the petitioner on lease under Fish Farm Scheme vide order dated 08.07.1980 by the District Collector, Sahiwal. On 30.12.2010 vide mutation No.1076 the land was resumed in favour of the state. The petitioner filed an application on 29.12.2003 for grant proprietary rights under Notification No.3744-2007/3224-CL-II dated 10.12.2003. The petitioner filed a Writ petition No.13915/2010 and obtained direction from this Court for the decision of said application vide order dated 28.12.2010 and in compliance of above said order, the Member (Colonies), Board of Revenue, Punjab rejected his application vide order dated 15.01.2011. The petitioner filed civil suit for declaration with permanent injunction contending therein that according to the above mentioned Notification dated 10.12.2003, he became entitled for proprietary rights of the state land and also challenged the resumption order dated 30.12.2010. The learned Civil Judge, Sahiwal after recording the evidence of both the parties vide judgment & decree dated 13.05.2014 dismissed the suit of the petitioner. The petitioner preferred an appeal before the learned Additional District Judge, Sahiwal which was dismissed vide judgment &decree dated 27.11.2015. The petitioner filed Civil Revision No.48-D of 2016 before this Court and challenged the aforementioned judgments& decrees which was also dismissed as withdrawn on 15.01.2016. Hence, this review petition.

3. Heard. Record perused.

4. From the perusal of record, it reveals that state land measuring 37-Kanals 05-Marlas falling in Khewat Nos.178, 179 situated in Chak No.92/12-L, Tehsil Chichawatni, District Sahiwal has been resumed vide mutation No.1076 dated 30.12.2010. The lease period of the petitioner has already been lapsed, as such, he is in illegal possession of the state land and will be treated as an encroacher and as per policy dated 10.12.2003 no person shall be eligible to purchase the state land unless he is a regular lessee of the Colonies Department holding valid lease hold rights of state land as mentioned in Para 2(h) which is reproduced as under:

“Lessee means a person holding lease under an approved lease scheme for commercial purpose like petrol pump, CNG station, shops, hostels, Fish farms, Nursary Farms, Poultry farms etc”.

Under Para 3 of the policy, only a regular lessee is eligible to purchase the state land but the petitioner is not regular lessee as he has not complied with terms and conditions of the lease. Para 3 of the said policy is reproduced as under:

“3. Eligibility: No person shall be eligible to purchase state land under these conditions unless he is a regular lessee of Colonies Department holding lease of state land, mentioned in para 2 (h) above.”

As it is evident from the terms and conditions of the policy, the said facility / right was given only to the regular lessees but admittedly the petitioner is not a regular lessee, the land has already been resumed and he is an unauthorized occupant. The application for obtaining the proprietary rights of the petitioner was dismissed by the Member (Colonies), Board of Revenue, Punjab vide order dated 15.01.2011. Petitioner’s civil suit and appeal thereof were also dismissed declaring the suit land as Charagah which legally could not be allotted to him. Against the concurrent judgments and decrees of the two Courts below, he filed a civil revision in this Court which was withdrawn by his counsel Ch. Abdul Sattar Goraya Advocate Supreme Court of Pakistan after due deliberation over the matter. The order of withdrawal of the civil revision was dictated in the open Court in presence of the petitioner’s counsel who did not make any request at that moment before this Court which plea has been taken in this application rather he simplicitor withdrew the revision just to avail the alternate remedy.

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