Law: West Pakistan Rehabilitation and Settlement Scheme

Section: 67

  Mutation-Inheritance of land allotted to displaced person from prescribed territory-Mutation to be sanctioned by Assistant Rehabilitation Commissioner under para. 67, West Pakistan Rehabilitation Settlement Scheme - Mutation, sanctioned by Assistant Collector, 11 Grade, having no power to sanction mutation-Illegal.   ORDER   This is a second revision filed against an order dated the 20th of November 1964, passed by the Additional Commissioner, Lahore, whereby the revision preferred by the petitioner was dismissed.   The facts of the case are that on the death of Haji a displaced person from the prescribed territory, a mutation of inheritance was sanctioned by the Assistant Collector II Grade. The respondent went in appeal to the Collector who accepted it. The petitioner then went in revision to the Additional Commis sioner, Lahore, but it was rejected. Hence this second revision.   I have heard the learned counsel for the parties. I sent for the original record with a view to ascertaining whether the mutation was sanctioned by a revenue officer or by an Assistant Rehabilitation Commissioner. The sanctioning officer has signed the mutation as Assistant Collector, II Grade. It is true as alleged by the learned counsel for the respondent that the Assistant Collector II Grade also enjoyed powers of Assistant Rehabilitation Commissioner, but in this case I find that the sanctioning officer passed orders considering himself to be an Assistant Collector, II Grade. Sanctioning of such mutation is to be done under the…