Petition Alleges Mardan DC and Others Illegally Allocated Railway Property
Peshawar High Court Halts Allotment of Pakistan Railways Land in Mardan Amid Legal Dispute
PESHAWAR:
In a significant legal development, the Peshawar High Court has intervened in a case involving the alleged illegal allotment of over 9 kanals of land belonging to Pakistan Railways in Mardan. The court issued a stay order preventing any further action or interference with the disputed property, which was reportedly allocated by officials from the Mardan Revenue Department to a local resident. This decision comes in response to a petition filed by Pakistan Railways Peshawar, highlighting serious concerns over the legality of the land’s allotment.
The petition, brought forth by Peshawar Railways Divisional Superintendent Maqsood Ahmad and represented by advocate Saleem Shah Swati, prompted a bench comprising Justices Ijaz Anwar and Syed Arshad Ali to review the case. The petition names several key respondents, including Bakht Zada Zarina, the Mardan deputy land commissioner, the additional assistant commissioner for revenue, and other local officials such as the tehsildar and patwari. The allegations center on claims that these officials colluded to illegally allocate a substantial portion of Pakistan Railways’ land to Zarina, a resident of Takht Bhai in Mardan.
According to the details of the petition, the land in question spans 9 kanals and 16 marlas and is part of the property owned by Pakistan Railways. The value of this land is reportedly in the millions, raising the stakes of the alleged illegal transaction. The petition asserts that the deputy land commissioner and the additional assistant commissioner, acting in coordination with the tehsildar and patwari, facilitated the allotment of this valuable land to Bakht Zarina without following due legal procedures.
When Zarina attempted to take possession of the land, Maqsood Ahmad, the Divisional Superintendent of Peshawar Railways, took immediate action by informing the Federal Investigation Agency (FIA) and requesting an inquiry into the matter. Ahmad’s letter to the FIA highlighted the potential illegalities involved in the land’s allotment, which led the FIA to initiate its investigation. In parallel, Pakistan Railways authorities moved forward with filing a petition against the disputed allotment in the Peshawar High Court, seeking judicial intervention to annul the transaction.
The petition specifically requests the court to revoke the order issued by the additional assistant commissioner on July 25, 2024, which pertains to the land’s possession and the issuance of related warrants. The petitioners argue that the order was issued without proper legal justification and in violation of the established protocols for land allotment, especially concerning property owned by a state entity like Pakistan Railways.
During the initial hearing, the two-member bench of the Peshawar High Court carefully considered the preliminary arguments presented by the petitioners. After evaluating the seriousness of the allegations and the potential impact of the allotment on public property rights, the court decided to issue a stay order. This order effectively restrains the Mardan deputy commissioner from taking any further actions related to the land in question. Additionally, the court directed the additional assistant commissioner for revenue to submit a detailed response within 14 days, providing an opportunity for the officials involved to present their side of the story.
The stay order also includes a directive to prevent any interference with the property until the matter is resolved in court. This precautionary measure ensures that the disputed land remains under the control of Pakistan Railways and is not transferred or altered during the ongoing legal proceedings. The court’s intervention is seen as a crucial step in safeguarding public assets and ensuring that the rule of law is upheld in cases involving government property.
The implications of this case extend beyond the immediate parties involved. It underscores the importance of transparency and accountability in the management of public land and the responsibilities of government officials in adhering to legal procedures. The allegations of collusion and illegal land allotment raise serious concerns about the integrity of the land administration system in Mardan, prompting calls for stricter oversight and more rigorous enforcement of property laws.
As the case proceeds, it will be closely watched by legal experts, government officials, and the public. The outcome could set a significant precedent for how similar cases are handled in the future, particularly those involving the alleged misuse of authority by local land officials. For now, the stay order remains in effect, providing temporary relief to Pakistan Railways and halting any further attempts to transfer or possess the disputed land.