Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)-----Ss. 10, 14 & 15-Transfer of land obtained in excess of area of entitlement-Settlement authorities entitled to deduct any area from land transferred (in lieu of claim) equivalent to area of excess land--Petitioner, held, not entitled to choose area he wished to surrender. ORDER WAHEEDUDDIN AHMAD, J.-The petitioner abandoned some land in village Phuloowala Dogran, Tehsil and District Karnal, East Punjab. The total area abandoned was shown by the Patwari to be 93 bighas 16 b1swas in the special jamabandi received from India. This was challenged by respon­dent No. 3 and the learned Additional Settlement Commissioner and the Settlement Commissioner have held that this figure is wrong because the actual total of the abanboned area is only 43 bighas and 16 biswas. On this finding, the entitlement of the petitioner, in excess of 43 bighas 16 biswas, had been ordered to be withdrawn. The petitioner challenged this order in Settlement Revision No. 82 of 1972, and a Division Bench of the Lahore High Court, by order dated the 11th December 1972, dismissed the revision in limine. The petitioner seeks permission to file an appeal against the said order. Ch. Hamidudin, learned counsel for the petitioner, has not challenged the finding of the Land Settlement authorities that the actual total of the abandoned area is only 43 bighas and 16 biswas. His contention is that the petitioner should be given a choice and the matter should not be left to the Settlement authorities to…

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