P L D 1961 W (PLP)

Ss. 24 & 27 (c)‑Bara lease a scheduled tenancy‑S. 24 not a applicable‑Resumption without notice may be ordered. Muhammad Akbar Cheema for Petitioners. Imdad Ali, Accountant, C. A's Office, Montgomery. This is a revision petition against the order of the Additional Commissioner, Multan, dated 1‑9‑1959. The petitioners were given one lot No. 78/B measuring 25 acres in Chak No. 3/10‑L Tehsil Montgomery on Bara conditions. According to the terms and conditions of the lease they were to reclaim the area within six years commencing from Kharif 1949. After the expiry of the period the land Reclamation Officer reported that only 20 per cent. of the area had been reclaimed and recommended resumption of the lot. The Collector gave notice to the petitioners under section 24 calling on them to show cause why the lot should not be resumed. A further inquiry was made and it was found that 56 per cent. of the area had been reclaimed ; but even this percentage fell for short of the prescribed limit and the Collector ordered resumption of the land. In revision the only ground taken is that full compliance has not been made with the provisions of section 24 as the petitioners were not given any opportunity for rectification of the breach of conditions, i. e., non‑reclamation of the land. The terms and conditions of Bara leases were published by the Government in their Notification No. 4545‑C, dated the 12th December 1945. Under condition No. 1 these leases were] declared "scheduled tenancies". According to clause (c) of! section 27 of the Colonization of Government Lands Act, section 24 does not apply to "scheduled tenancies" accept to such extent as may be specified in the statement of the terms and conditions applicable to such tenancies. Under clause (g) of condition No. 17‑ published iii the above‑mentioned Notification, section 24 of the Colonization of Government Lands Act was made applicable within certain limits, which contemplated that the Land Reclamation Officer will in such cases report the matter to the Collector "for such action as he may deem fit under section 24 of the Colonization of Government Lands Act, 1912". It will thus be seen that the provisions of section 24 have not been made applicable to Bara leases in toto and the discretion has been left to the Collector to take such action under this section as he "may deem fit". The Collector, as reported by him in his memorandum dated 14‑5‑1960, issued a notice under section 24 calling on the petitioners to show cause why the lot should not be resumed. One of the petitioners appeared before him gave his explanation which was presumably found unsatisfactory by the Collector. In these circumstances it was not obligatory on the part of the Collector to give him a fresh period of lease or a new lease for completing the reclamation of the land. The tenancy had already expired in Rabi 1955 resumption was ordered in May 1958, and the petitioners were dispossessed thereafter. The petitioners have no case and the revision application is dismissed. K. M. A. Petition dismissed.