Law:

Section:

Rehabilitation Settlement Scheme (1956)-- ----Para. 3---Constitution of Pakistan (1973), Art.199---Allotment of land in lieu of verified claim---Part of land deemed to be in excess of entitlement, was cancelled on basis of a Mukhbari application---Validity---Land in excess of petitioner's entitlement was not allotted to him on the ground of fraud or false representation but due to miscalculations committed by Settlement Officer who passed the allotment order---Order of Settlement Authority relating to resumption of excess land and allotment thereof, in favour of Mukhbar could not be sustained---Quantum of excess land would be determined in accordance with para. 3, Rehabilitation Settlement Scheme 1956 and excess land would be allowed to be retained by petitioner against price to be determined by concerned officer. JUDGMENT In this Constitutional petition order dated 18-3-1979 passed by the Settlement Commissioner (Land) Punjab, Lahore accepting the revision petition against the order dated 21-2-1974 passed by the Deputy Commissioner/Addl. Settlement Commissioner (Land) with the powers of Chief Settlement Commissioner, Gujranwala, rejecting the Mukhbari application of the petitioners has been challenged. . 2. The facts giving rise to this writ petition in brief are that Muhammad Rafiq Khan son of Abdul Aziz Khan deceased who was predecessor-in-interest of the present petitioners was allotted land at Khatas Nos.527 and 637 and other Khatas of RL-II Naushera Virkan Tehsil and District Gujranwala in lieu of his claim verified by the Claims Officer in respect of land left by him in India. The entitlement of Muhammad Rafiq Khan in terms of Produce Index Units was determined to be at 24836 P.I. Units against which the land was allotted to him. On 7-7-1951 respondent No.2 filed a Mukhbari application that the allottee has been allotted land to the tune of 26228 P.I. Units which are in excess of his entitlement. This application was made before the Inspection Team who made a report that the entitlement of the allottee was in fact to the tune of 23015 P.I. Units whereas he was allotted land equivalent to 27566 P.I. Units, as such, land equal to 4551 P.I. Units was in…

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