| Citation(s) |
|---|
| 1962 SLG 2711 = 1962 SLD 2711 = 1962 PLD 122 |
West Pakistan
Revision No. 328 of 1960-61, decided on 31st January 1962, District Sheikhupura.
Presented By: A. M. Khan Leghari, Member Board of Revenue
Revision No. 328 of 1960-61, decided on 31st January 1962, District Sheikhupura.
Presented By: A. M. Khan Leghari, Member Board of Revenue
ABDUL AZIZ--Petitioner
VERSUS
THE STATE AND ANOTHER-Respondents.
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: S. 16
Revision -(Landless Refugees and Ejected Tenants Scheme)-Filed after 90 days and without application for condonation of delay-Not entertained. Landless Refugees and Ejected Tenants Scheme-Develop ment of Scheme-Allotment-Deputy Commissioner's power to regularise allotments and to make fresh allotments-Grant of proprietary rights to allottees of State land-Letter of Government dated 8th October, 1960. ' Colonization of Government Lands (Punjab) Act (V of 1912) S. 16-Does not apply to annual leases. Landless Refugees and Ejected Tenants Scheme .7- Collusiv ejectment-Tenant not entitled to allotment. ORDER The present 4 Revisions and Counter-Revision Petitions No. 249 Rashid v. Dil Muhammad, No. 300, Dil Muhammad v. Rashid, and No. 258, Rashid v. Abdul Aziz and No. 328, Abdul Aziz v. Rashid, have arisen from the Additional Commissioner, Lahore's two orders dated 23rd June and 30th July, 1960, respectively. In this single order, I shall dispose of them all, as the facts of the cases are interconnected. It transpires that Rashid was ejected from some private land on 15-6-1958. He applied on 24-6-1958, for allotment of State land as an ejected tenant. He was allotted land measuring 43 kanals and 1 marla by the Collector vide his order dated 20-10-1959, constituted as below: - 31 kanals from Killas Nos. 18/1, 18/2, 19, 20, and 24/1 of square No. 24,which were on temporary allotment with Dil Muhammad. 12 kanals out of Killas Nos. 24/2 and 25 of square No. 25, which were withAbdul Aziz, as temporary allottee. The Allotments of Dil Muhammad and Abdul Aziz of this land continuing since 1947 were .cancelled. They both went in review to the Collector separately against the allotment of the land in dispute to Rashid. The Collector accepted both the review petitions under, his orders dated 18-12-1959 and held that both Dil Muhammad and Abdul Aziz were entitled to retain the allotments as the former's father was an allottee of only 50 kanals and 14 marlas (being less than 8 acres which would have rendered him ineligible), while the latter was an allottee of only 2 acres under the…