Law:

Section:

Landless Refugees and Ejected Tenants Scheme-Allotment of State land-Land found later to be evacuee-Allottee entitled to alternative State land. ORDER   This is a revision petition against order dated 10-5-1961, of the Additional Commissioner, Multan, whereby the Collector (C. A. Montgomery T. C's.) order dated 28-2-1961, refusing to make allotment to the petitioners as ejected and landless tenants, was confirmed.   It transpires that the three petitioners, who are brothers, were allotted State land in Sq. Nos. 5 and 6 Chak No. 46/3-R, Tehsil Okara, in 1953, and their allotment was duly regularised by the Collector in 1955. It has been explained that later it was discovered, on complaint by a refugee informer that the land allotted to the petitioners was not State land, but was evacuee land, since an evacuee had purchased it and paid for it before he left for India, although no mutation or entry was made in respect of this sale in the revenue records. As the petitioners were being required to vacate the land, they applied to the Collector that in the interest of justice, alternative State land should be granted to them pleading that it was no fault of theirs that under a genuine misapprehension they were settled on land under the Ejected Tenants Scheme, which was eventually discovered to be evacuee land and had since been allotted to the refugee informer. The then Collector in his order dated 18-5-1960, is reported to have directed the office to' suggest alternative land. He was, however, transferred and his successor the present C. A. C. in his order dated 28-2-1961, rejected the application of the petitioners on the ground that they had "not been able to explain as to how and why the area formerly allotted to them had been treated as evacuee land. If the same was done under orders of some competent authority, then the petitioners should have gone in appeal against that order and should have sought a direction from the appellate Court for the allotment of some other land to them in lieu of the areas which had been taken away from them". The Collector went on to state that he was not authorised to make new allotments to the…