Law:

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Colonization of Government Lands (Punjab) Act (V of 1912)-----S. 24-Contention that in view of S. 24 of Act, before land could be resumed, Collector required to examine whether mistake on part of defaulter rectified or not and Collector bound to give an opportunity to defaulter to pay price and no opportunity having been given, order of resumption of land without lawful authority and in excess of jurisdiction-Held: Petitioner having himself filed appeal against order of Collector before Commissioner and Commis­sioner having given petitioner time to pay price and petitioner having failed to comply with such order no grievance could be made against forfeiture of land, in circumstances. ORDER KARAM ELAHEE CHAUHAN, J.--It is not necessary to go into the lengthy details of the litigation and the stages through which this case passed and for the purpose of the present order ft will be sufficient to mention that the land in dispute which has been allotted to the petitioner/plaintiff under the "Grow-More-Food Scheme" was resumed by the order of the Collector dated 17-6-1969, on the ground of his failure to pay the relevant price/dues in time. The petitioner/plaintiff filed a suit challenging the aforesaid resumption order which was decreed by the learned Civil Judge, Sahiwal on 16-3-1976. 2. Respondent Misri Khan to whom the land in dispute had been allotted after it was earlier resumed from the name of the petitioner, filed an appeal which was accepted by the learned Additional District Judge, who on 24-7-1976 reversed the order of the learned Civil Judge and dismissed the suit of the plaintiff/petitioner. 3. The petitioner then .filed a second appeal being R. S. A. 789/76 but without any success as the same was dismissed by a learned Single Judge of the Lahore High Court on 22-3-1977. The petitioner has come up in a petition for special leave to appeal against the same to this Court. 4. The first point argued by the learned counsel for the petitioner was that under section 24 of the Colonization of Government Lands (Punjab) Act (V of 1912) before the land could be resumed it was incumbent on the collector to examine whether the mistake on the part of the defaulter…

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