Law:

Section:

  Practice-Appeal-May be treated as revision.   Abadkari grant-Land allotted to A resumed on his failure to pay instalment-Allotment to B-Land restored to A sub sequently on payment of Mallcana and Tawan-Order for restoration not proper, as land teas in possession of B-B afterwards surrendering possession of land-Land restored    ORDER   This is an appeal against an order of the Commissioner, Bahawalpur Division, refusing to restore State land resumed from the petitioner sometime ago. Under section 13 (c) of the Land Revenue Act the appeal is incompetent but the facts, which would soon be narrated, would seem to justify the reopening of the case and, therefore, I am treating it as a revision application.   The petitioner was given an Abadkari granted by an order dated 11-7-1950. When he failed to pay the installment for Kharif 1953 the Collector resumed the land under his order dated 26-4-1954 and the land was allotted to one Ghias Abbas Shah. The petitioner applied for restoration in 1955 and it is alleged that the restoration was allowed and a sum of Rs. 87-8-0 including Malkana and tawan was recovered from him on 30-4-1955. There is no order of restoration on record; but the recovery of Rs. 87-8-0 is proved from the Collector's report dated 26-3-1958,   It seems that while an order for restoration was passed the land could not actually be restored because it had in the…