1993 PLP 1048 (MLD)

3. The learned counsel has impugned the order of the Commissioner on the premises that the provisions of the Land Revenue Act do not envisage appointment of a headman by a Settlement Officer, as the latter is appointed for limited work as outlined in section 116 of the Land Revenue Act.

4. It is common ground that Bahawalpur District is under settlement. Settlement work is based on accurate field survey. The Settlement Officer requires for this purpose, among other things, a Shajra Kishtwar and record of area of each field and of the class or classes of land which it contains. There is a separate record of rights, a separate field map, a separate assessment for each estate or Mahal. But it is to be kept in mind that unit for purposes of survey is not the estate but the village or Mauza. The assessment of land revenue is the primary object of a settlement. It is necessary at the same time to decide who shall pay the sums assessed. The assessed sums usually are collected by the headmen. The wisdom as to why the appointment of village headmen rests with the Settlement Officer has been enshrined in paragraph 235 of the Douie's Settlement Manual which reads as follows:-- "The appointment of village headmen rests with the Settlement Officer, otherwise he might not be able to get that ready assistance from them which is essential for the prosecution of his work. Their neap is specially necessary to procure the attendance of right-holders, whose presence is required in connection with the attestation of mutations or with the making of new maps or records?????.."

5. Section 116 of the Land Revenue Act empowers the Board of Revenue to direct, by notification, the survey of any land in any part of the Province with a view to the settlement of land revenue, the preparation of records of rights and preservation thereof. The Government, therefore, by virtue of notification had started revenue survey for settlement of land revenue. The Settlement Officer with the tiers of revenue staff is working with their assistance. Section 16 of the Land Revenue Act provides:-- "(1)????? Government may, by notification, confer on any person all, or any of the powers of a Commissioner or Collector under this Act, and may, in like manner, withdraw such powers. (2)............................................................... (3) ............................................................... Vide notification No.6460-90/4150-E(F)-III, dated the 18th of August, 1990,IA (Annexure `B'), the Government of the Punjab in pursuance of the said provisions of law has conferred all the powers of Collector under the Land Revenue Act on the Settlement Officer, Bahawalpur District, with a direction that he shall exercise the said powers within the local limits of Bahawalpur District excluding the area of Cholistan. The notification further reads:-- "(a)?????? Collector of the district as well as Collector incharge of each of the Sub.-Division in Bahawalpur district for the purposes of the Punjab Revenue Department (Revenue Administration) Rules, 1990, and ??????????? (b) ????."

6. Now when all the powers of Collector have been conferred upon the Settlement Officer, Bahawalpur, through notification, the objection raised by the learned counsel that he cannot appoint headmen falls to ground: In fact, in view of the nature of the work examined in the scenario of settlement operation, the headmen have to be appointed by the Settlement Officer as also contained in the Settlement Manual. 7.???????? The Settlement Manual was issued with the approval of the Government of the Punjab as a guide to Settlement Officers in all work bearing on assessments and preparation of the record of rights. The learned 8 counsel for the petitioner has failed to show, muchless convince, as to how the instructions contained in paragraph 235 of the Manual contravene the provisions of the Land Revenue Act which, of course, is a supra law in revenue matters. The Settlement Officer would appoint headmen as Collector on the basis of powers conferred upon him by Notification under section 16 of the Land Revenue Act. The learned Commissioner in the circumstances was perfectly right in remanding the cases to the Settlement Officer to appoint the headmen in accordance with the Settlement Manual; of course after giving an opportunity to the parties concerned to hear them and decide the cases in accordance with law on merits.

8. There is no merit in the writ petitions and the same are dismissed in limine. A.A./M-902/L???????????????????????????????????????????????? Petitions dismissed.