Law: Colonization of Government Lands (Punjab) Act, 1912

Section: V,32,34

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 32 & 34---State land---Allotment, cancellation of---Original allotee passing occupancy to sub-tenants---Locus standi---Scope---Resumption of land--Scope---Additional Deputy Commissioner (Revenue) resumed the state land in favour of the state imposing tawan against the occupants of the disputed land declaring their occupancy illegal---Ejected occupants (sub-tenants of original allottee of the disputed land) assailed the said order by preferring appeal before the Additional Commissioner (Revenue)emphasizing upon implementation of a previous order of District Court having been passed in their favour about 35 years ago; the appeal was accepted in favour of ejected occupants (respondents)--Validity---Record revealed that the allotment of the disputed land was cancelled from the name of original allottee as he had secured double allotment of land---The lease period of the disputed land expired in 1980, and the same was not further extended---Therefore, the original allottee had no locus standi to appoint respondents as sub-tenants of the disputed land, as he could not retain the said land, and could not sub-let the same---Moreover, the respondents could not provide order of any competent authority labeling them as sub-tenants or allottees of the land in question; rather, repeated orders of the revenue authorities were passed against them---Respondents only emphasized upon implementation of a previous order of District Court having been passed 35 years ago without appreciating the non-disputed facts that the same could not be implemented specially when the (respondents ) execution decree was dismissed and the same was never challenged---Moreover, the High Court twice remanded the case to district authorities without ordering to implement the said order passed by District Court and the revenue authorities gave concrete plausible and legal justifications in favour of resumption of the state land which could not be rebutted by the respondents---The Additional Commissioner (Revenue) by ignoring all said facts, instead of issuing order on merits, accepted the appeal against the facts and record, which…