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

Section: S. 10 (4)

  Colony land-Allotment-Reservation of site for Chowki dar-Discretion.   Colonization of Government Lands (Punjab) Act (V of 1912), S. 10 (4)-No person to be deemed to be tenant unless he has taken possession of land with permission of Collector.   ORDER   This has been described as a revision petition against the order of the Additional Commissioner, Bahawalpur Division, dated 13-2-1961, whereby order of the Collector, Bahawalnagar refusing to allot site No. 83 situate in Chak No. 98/68, Tehsil Fort Abbas to the respondent Muhammad Din, was set aside and it was allotted to him.   Village site No. 83 Chak No. 98/R, was in the possession of Habib, petitioner, Muhammad Din, respondent, applied for its allotment. The abadkars opposed his application, which was not recommended by the Assistant Commissioner and the Deputy Commissioner (Collector) rejected it. Muhammad Din, respon dent, went up in appeal to the Additional Commissioner, who allotted the site to him as it adjoined his house and the Chowkidar was already living in site No. 62. Habib has come lip in revision on the ground that he has been assisting the Chowkidar and doing begar work in the Chak for the last two years.   I have carefully considered the merits of this case. I am of the opinion that Habib has no locus standi as he has been in illegal possession of the same and he is not a Chowkidar. He has no special claim to allotment of this site. However, I think, there is no reason why the respondent should be allowed to steal a march over others possibly equally or more deserving persons, by the adoption of a faulty and incorrect procedure of allotment through his prival application. I think he should in the interest of equity take his chance along with others. The Collector should first hold an enquiry whether this site requires to be reserved for chowkidars or should be allotted as a residential…