However, the order of the Court shall not debar the authorities concerned to decide each case afresh in accordance with law.

13. So far the argument of learned counsel for the petitioners that the impugned order was passed in violation of the judgments of this Court cited as Sardar Muhammad Aslam Sial v. Government of Pakistan, etc. (PLJ 1973 Lahore 290) & judgment dated 12.04.1983 of Hon’ble Supreme Court of Pakistan reported as Sardar Muhammad Aslam Sial and 3 others v. Government of Pakistan and 3 others (1985 SCMR 9) is misconceived as in the said case the predecessor-in-interest of the petitioners only raised objection that he was not heard by the respondent-department before passing the orders of non-renewal of lease which plea turned correct and this Court set aside the order with observation that “however, the order of the Court shall not debar the authorities concerned to decide each case afresh in accordance with law.”, which observation was upheld by the Hon'ble Supreme Court of Pakistan as “… that the authorities concerned were, however, not debarred from deciding each case afresh in accordance with law, is maintained.”, as such, the respondent-authority after hearing all the parties concerned passed order in consonance of the Scheme 1983 applicable on the case of the petitioners and no violation of the judgments (supra) has been committed by the respondent-department.

Part of judgment 

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT

Land

6747/19

2019 LHC 3711