| Citation(s) |
|---|
| 1995 SLG 1190 1995 SLD 1190 1995 CLC 1627 |
Chief Land Commissioner
R.O.R. Nos. 47 to 49 of 1989, decision dated: 27th April„ 1995
RAZA ALI,
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R.O.R. Nos. 47 to 49 of 1989, decision dated: 27th April„ 1995
RAZA ALI,
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DOSA
VS
ADDITIONAL COMMISSIONER (REVENUE), SARGODHA and another
Law:
Section:
Land Reforms Regulation, 1972 (M.L.R.115)-------Para. 32 (2) & (3)---West Pakistan Land Reforms Regulation, 1959 (M.L.R. 64), para. 19---Petitioner's claim regarding confirmation of allotment of resumed land was pending adjudication when land in question was allotted to respondent---Such allotment in favour of respondent was thus, without jurisdiction---Additional Commissioner had rightly accepted petitioner's appeal against allotment order in favour of respondent but he erred in remanding case to Deputy Land Commissioner for fresh decision because matter being pending before Assistant Land Commissioner, same was to have been decided by him---Order of remand to Deputy Land Commissioner and appellate order of Additional Land Commissioner rejecting claim of petitioner for confirmation of allotment were, thus, set aside as being against law---Case was remanded to Assistant Land Commissioner concerned for decision afresh regarding petitioner's claim for confirmation of allotment in terms of para. 32 (2) & (3), Land Reforms Regulation, 1972. Muhammad Ashraf Azeem for Petitioner. Dost Muhammad Bhatti for Respondents. ORDER This order will dispose of revision petitions Nos.47,48 and 49 of 1989 which have identical facts. 2. The facts are that the petitioner, Dosa, was provisionally allotted 45 Kanals of resumed land comprising square No.224, Killa Nos.17, 18, 22, 23, and 24, in village Chawa, Tehsil Bhalwal, district Sargodha, by the SubAssistant Land Commissioner, Bhalwal, under para 19 of the West Pakistan Land Reforms Regulation, 1959. The confirmation of the allotment of the resumed land in favour of Dosa under the Sale Scheme by the Assistant Land Commissioner was kept pending due to litigation, against the resumption of the land. After the repeal of the aforesaid 1959-Regulation by the Land Reforms Regulation, 1972, the Deputy Land Commissioner, Sargodha passed orders dated 28-8-1974, granting the resumed area of square No.224, Killa Nos.17, 18, 22, 23, and 24 of village Chawa to Soni, Sultan and Muhammad (respondents in revision petitions No.47, 48 and 49 of 1989) as under, under para. 32 (4) of the aforesaid 1972-Regulation, read with para 18…
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