P L D (Rev (PLP)

SAIDULLAH KHAH, F. C.‑This is an application for revision against the order of the Collector Lahore dated the 19th July, 1948, by which he suspended the petitioner on the score of having not effected the realization of Government dues which according to him amounted to Rs. 21,

852. An enquiry which was launched into this case, however, revealed vide the Revenue Assistant's report dated the 25th February, 1949 that nothing was actually due from the petitioner on account of land revenue etc up to the year 1944‑45 (urban) and up to Rabi 1946 (rural). It was stated in the same report that the arrears for the year 1945‑46 (urban) and for Kharif 1946 (rural), however amounted to Rs. 11,357/10/0 which were realizable from the various Asamis in the locality. The non‑acceptance of this report by the learned Collector resulted in a second enquiry by the new Revenue Assistant who had taken over charge by that time and this subsequent report revealed that a sum of Rs. 10,858/6/10 were due from the petitioner ; hence a direction from the Collector to the petitioner for the deposit of this amount within a week from the date of the receipt of the order. This resulted in the arrest of the petitioner who was later on released on bail in consequence of a habeas corpus petition which was filed in the High Court. This release of the petitioner was not followed by his reinstatement on account of the heavy arrears outstanding against him. An appeal against the order of the Collector before the learned Commissioner did not meet with any success which was in fact dismissed on 16th August, 1949. It is against this order that Mian Muhammad Afzal has filed this revision petition. The petitioner with his counsel and the Government Advocate for the Crown present and heard. It will not all be necessary to reproduce here the lengthy arguments of the learned counsel for the petitioner but it would to my mind serve the purpose to produce the gist of it which appears to have a direct bearing on the issues involved. With this view the Government Advocate concurred. It may be pointed out at the outset that the accounts maintained in the district office are indeed in a terrible mess and it was apparently with some difficulty that the tehsil Wasil Baqi Nawis has been able to prepare them vide his statement at Flag "R" which after due scrutiny received the approval of all the revenue officers, Collector included, and finds a place in the report of the Revenue Assistant dated the 7th May, 1948. With these unanimous recommendations of the revenue officers I, concur. The amount of arrears having thus been determined viz., Rs. 10,858/6/10 a further sum has since been deposited by the petitioner by which the outstanding arrears have now been reduced to Rs. 7,385 only. In view of the chaotic conditions of these accounts, to which a reference had already been made above, it is exceedingly difficult to determine and specify whether the fards baqaya for‑ (a) the year 1945‑46, and (b) all the preceding years to 1945‑46, have actually been set off against the total demand (mutalaba) realizable from the petitioner and I, therefore, feel no hesita?tion in remanding this case to the Collector with direction that he should afford an opportunity to the petitioner to put in Court all the fards baqaya in his possession for the period specified at (a) and (b) above and after carefully scrutinising the various items determine the admissibility of accounts, set it off against the total mutalaba for these two periods‑and then give a final findings accordingly. It is significant to note in this connection that the Dhal Bachh for the year 1945‑46 is alleged to have been delivered to the petitioner on the 21st February, 1947, i. e., a little while before the disturbances took place in the Province and this factor should be taken into account while assessing the amount under the two categories specified above and a lenient view taken while assessing the amount particularly in view of the disturbed conditions that were prevailing in the summer of 1947. It is admitted on all hands that the reali?zation of Government dues particularly in the urban areas assigned to the petitioner were difficult even in normal times and the situation created as a result of those disturbances of 1947 obviously made it still more difficult to effect realization from the persons particularly the non‑Muslims who were on their way to Hindu India. It is needless for me to point out that the case is hanging fire since long and its final decision by the learned Collector within a couple of months time will be to the advantage of both the petitioner as well as to that of the administration. Having a regard for all the surrounding circumstances of this case and a fairly long period of the petitioner's suspension, I think he should be reinstated straightway which I, hereby do. He should resume his normal functions as lambardar from to‑day. A. H.??? Petition accepted.