Law:

Section:

Ejected Tenants Scheme, 1963-- - --- Allotment of land --- Allottee of land under the scheme who was in its cultivating possession, applied for grant of proprietary rights in respect thereof, but his application was finally dismissed on ground that a considerable portion of land allotted to him had already been given to District Council for construction of a school --- Collector, on direction of Board of Revenue verified that said land was not at all needed by District Council for any purpose --- Collector after concluding that land in dispute was not at all needed by District Council, ordered for withdrawal of land from District Council with the observation that resumed land should vest in ownership of the State --- Land in dispute admittedly was in cultivating possession of allottee and was not needed for construction of school by District Council --- Allottee being an ejected tenant, had a vested right to retain land in question and there was absolutely no legal justification with Collector to say that land in dispute should vest in ownership of the State. Ashiq Hussain Malik for Petitioner. Muhammad Akhtar A.A.-G. for Respondent. Date of hearing: 27th February, 1991. JUDGMENT A piece of land measuring 71 kanals 3 marlas comprising Killas Nos.16, 17, 23 to 25 in Square No.35 and Killas Nos.11 to 13 of Square No.34 in Chak No.758/GB Tehsill Kamalia, District Toba Tek Singh was allotted to the petitioner under the Ejected Tenants Scheme on 12-6-1962. According to the learned counsel, petitioner is still in cultivating possession of the land in question. In support of his plea, learned counsel has placed reliance on Annexures 'A' to 'E/1'. An application was moved by the petitioner for the grant of the proprietary rights of land which was heard and dismissed by learned District Collector Toba Tek Singh, on 19-6-1988 on the ground that five acres out of abovesaid land had already been given to the District Council for the construction of a school. This order was challenged by the petitioner by moving an appeal, which was heard and dismissed by the learned Additional Commissioner, Faisalabad on 19-7-1988 vide Annexure 'G'. The revision…