1988 PLP 1324 (SCMR)

ALI HUSSAIN QAZILBASH, J.‑‑This is an appeal by leave against the order of a learned Single Judge of the Lahore High Court, dated 14‑2‑1978, by which Writ Petition No.999‑R of 1977 filed by the appellant was dismissed in limine.

2. The brief facts are that the appellant is a claimant displaced person from East Punjab and filed his claim Form No.2891 in Chak No.78‑N.B. District Sargodha in 1958 which was entered at Serial No.620 in `Register ;B'. Subsequently allotment of 22 Kanals of land comprising Khasra Nos.16, 17 and 18/1 was proposed in his name in R.L.II Register on 30th April, 1965 by the Assistant Rehabilitation Commissioner (Land), Sargodha. The appellant somehow took over the possession of the land which was temporarily allotted to him. In 1966, however, the temporary allotment of land bearing Khasra No.16 was cancelled from the name of the appellant and was allotted to respondent Barkat Ali. This allotment was challenged by the appellant in appeal which was dismissed and his revision too was dismissed by the Settlement Commissioner. The appellant, however, succeeded in the High Court in his writ petition which was accepted and the case was remanded to the Deputy Settlement Commissioner for considering the entitlement of the appellant in accordance with law. The Deputy Settlement .Commissioner after reconsidering the matter dismissed the claim of the appellant and allowed the allotment of land bearing Khasra No.16 in the name of Barkat Ali respondent. This order was again challenged by the appellant through Writ Petition No.999‑R of 1977 which was dismissed.

3. Leave was granted to consider whether the learned Single Judge has not applied his mind to the fact that the appellant was a claim‑holder of the Chair and had preference over Barkat Ali respondent who got his claim transferred to this Chak.

4. We have heard the learned counsel for the appellant and have gone through the record and we are of the view that the grievance of the appellant is genuine. The dispute is with regard to allotment of land bearing Khasra No.16 only. The appellant was temporarily allotted land bearing Khasra Nos.l6, 17 and 18/1 as back as 1965 and necessary entries were made in the R.L.II Register. The record shows that no objection was filed against this allotment within fifteen days as required under paragraph 68 of the Rehabilitation Land Settlement Scheme and thus it was incumbent on the relevant authorities to have confirmed this allotment in the name of the appellant. The record further shows that since the claim of the respondent was transferred to this Chak subsequent to the temporary allotment made in favour of the appellant, therefore, he had no preference over the appellant for allotment of Khasra No.16 because the appellant was a sitting allottee of the estate.

5. The view that we take in the matter is that we accept the appeal and set aside the order of the Deputy Settlement Commissioner (Land), Sargodha, dated 7‑7‑1977 and that of the learned Judge o C the High Court dated 14‑2‑1978 and restore the allotment of land bearing Khasra No.16 to the appellant, with no order as to costs. M.I./P‑45/S Appeal allowed.