Law: West Pakistan Land Revenue Act, 1967

Section: 164

West Pakistan Land Revenue Act (XVII of 1967)-- ---S. 164---Allotment, cancellation of ---Ahatas in dispute were reserved for `arruri', but A.C./Collector changed category of those Ahatas to shop sites and allotted same to petitioners for shop-cum-residential purposes---Commissioner, however, during inspection, observed that A.C./Collector had committed irregularity in changing category of Ahatas and D.C./Collector in view of observation of Commissioner cancelled allotment of petitioners---Commissioner though rightly observed that A.C./Collector was incompetent to change category of Ahatas, but orders of D.C./Collechor was unrealistic in view of the fact that Ahatas in dispute were no more required for `arruri' as `chahi' in which Ahatas were situated had become physically urban in character and petitioners/allottees had made `pacca' construction thereon---Petitioners therefore were eligible to purchase Ahatas through sale by private treaty at market rate prevailing a( the time of passing the revisional order. Malik Talib Hussain Awan for Petitioners. Date of hearing: 16th March, 1989.. ORDER These are two revision petitions against, separate orders of the Additional Commissioner (Revenue) Sargodha dated 29-9-1987, whereby he dismissed the separate appeals of the petitioners against orders of District Collector Sargodha dated 16-8-1987. The lattcr had reviewed his previous order dated 26-7-1987 allotting anufi al:atas No.141 and 142 situated in Chak No.43 Shamali, Tehsil and District Sargodha. Since facts are similar these will be decided through a single order. Brief facts of the case are that the petitioners applied to the D.C./Collector that amui ahatas No.140, 141 and No.142, 143 in chak No.43 Shainali ahata were allotted to them for the purpose of residences and shop and that they be allowed P.Rs. of these ahatas. The cases were examined by the D.C./Collector and it transpired that the A.C./Collector Sargodha on 4-8-1979 had allotted the impugned ahatas as shops at a rent of Rs.6 per marla per Annum. In August, 1972 Commissioner Sargodha inspected the office of   Deputy Commissioner Sargodha and observed that Chak No.43 Shamali being…