2002 PLP 279 (CLC)

Raja M. Sohail Iftikhar for Petitioner. M.A. Farazi for Respondents. Date of hearing: 29th March, 2001. Briefly stated the facts are that land measuring 58 Kanal was allotted to the present petitioner vide allotment order dated 26‑8‑1975 by the Assistant Commissioner/Collector, Sub‑Division, Chishtian. He was conferred proprietary rights vide order dated 24‑3‑1984. He deposited the cost of the land on 8‑3‑1984 and 29‑9‑1984. However, on the application of a Mukhbir the land was cancelled from his name by the Deputy Commissioner/Collector, District Bahawalnagar vide, order dated 25‑2‑1986. The petitioner filed an appeal against the order, dated 25‑2‑1986 with Additional Commissioner, Revenue, Bahawalpur Division, Bahawalpur who dismissed the same vide order, dated) 20‑7‑1986. Feeling aggrieved of the said order, he filed R.O.R. No.z801/86 in the Board of Revenue, Punjab, Lahore which was also dismissed vide order dated 5‑12‑1988. Hence the instant writ petition.

2. Arguments have been heard and record perused.

3. The stand of the learned counsel for the petitioner is that land, allotted to him has been cancelled mainly on the ground that he was minor at the time of original allotment. He submits that while coming to the conclusion that the petitioner was minor, reliance has been placed upon school leaving certificate as well as Form‑B filed with Registration Office and annexed with the application of Mukhbir. He submits that he got himself medically examined from the Medical Superintendent, District Headquarter Hospital, Bahawalnagar and was adjudged to be of 24 years in 1984. He thus submits that this aspect of the matter was not taken into consideration by the officers passing orders dated 25‑2‑1986, 20‑7‑1986 and 5‑12‑1988. He submits that if the officers were not satisfied with his age, as determined by the MS, DHQ, Hospital, Bahawalnagar, he should have been got medically examined from any Board, to ascertain his age. He thus submits that orders dated 28‑2‑1986, 20‑7‑1986 and 5‑12‑1988 have not been passed in accordance with law. He further contended that there is no bar in the allotment of land even in the name of a minor, as there is nothing on the record to substantiate this contention of the department. He contends that petitioner was allotted a barren and Banjar land, that he brought the said land under cultivation by spending a huge expenses over it and now the said land is being taken out of his possession merely on technical grounds. He thus submits that writ petition be accepted and the matter be remanded to the M.B.R. with a direction to get the petitioner medically examined from a competent surgeon and then to dispose of the matter again, in accordance with law.

4. Conversely, the impugned orders have been supported by the learned counsel for the department/respondents.

5. A perusal of record reveals that petitioner was allotted land as per his contention and he was also conferred proprietary rights, as he deposited the cost of land. Now the land has been taken out from his name merely on the ground that he was a minor at the relevant time. To determine the age of the petitioner a reference has been made to school leaving certificate as well as Form‑B, which is alleged to have been annexed with the application of the Mukhbir. On the other hand stand of learned counsel for the petitioner is that as per affidavits of the petitioner as well as medical certificate issued by the MS, DHQ, Hospital, Bahawalnagar dated 19‑4‑1987 he was of 27 years at that time. His contention is that this aspect of the matter has not been properly taken into consideration while passing the orders referred above.

6. Since the petitioner has been allotted land in 1975 and the said land has been cancelled in 1986 merely on the ground that he was a minor, without adopting proper procedure regarding the determination of age, so it is in the interest of justice that the orders impugned against be set aside.

7. Accordingly the writ petition is accepted and the case is remanded to the Member, Board of Revenue, Punjab, Lahore with a direction to get the petitioner medically examined from a competent surgeon and then to dispose of the matter in accordance with law. H.B.T./M‑814/L Petition accepted.