P L D 1963 W (PLP)

"In cases of inequality of status, e.g. when a small khatedar or hari and a man of good means apply for particular piece. Government consider that if the land in question is near about the village in which such small khatedar or hari resides or such small khatedar of hari has no other land except the one applied for. It should be given to the small khatedar or hari at the prescribed rates of malkano without resorting to auction. In cases where there is dispute between two haris, the hari to whose village the land is nearer should be given preference. There is some ambiguity in the working of the portion itali cised above, which I will take thus opportunity of clarifying in the interest of uniform application of Government policy on the very important subject of land allotments. It must be remem bered that under Government Revenue Department letter No. 3636‑F, dated 9th July 1953 the definition of a hari has been widened so as to include a small khatedar owning land less than 24 acres on a perennial canal to be treated over allotments in the same manner as a landless hari. Bearing this in mind I would amplify the intention of the Standing Order to be that where the contest is between‑ (a) a big zamindar and a small khatedar, the small Khate dar is to be given preference; (b) a big zamindar, a small khatedar and a hari, the hari is to be given preference, unless the small khatedar owns less than 24 acres and the piece of land will bring his holding upto 24 acres in which case he or the Hari residing near the land will be given preference; (c) a small khatedar and a hari, the hari is to be given preference, unless the small khatedar owns less than 24 acres and the piece of land will bring his holding up to 24 acres or thereabout in which case he or the Hari residing nearer the land will be given preference ; (d) a landless Hari and a land owning Hari, the landless Hari is to be given preference unless the land owning Hari owns less than 24 acres and the piece of land will bring his holding upto 24 acres in which case he or the landless Hari residing near the land will be given preference ; (e) people of the same category i.e. small Khatedars inter se, Haris inter se or landless Haris inter se the party whose home is nearer the land, is to be given preference. N. B ‑(i) in cases (a) and (b) above it will be immaterial if the land is near about the village of the small Khatedar of Hari or not, as these categories would be preferred to big Zamindars in the matter of petty allotments, unless, of course the principle of Mohag is applicaple. The normal criterian for the grants in cases will, however, that the resident of the e Chak in which the lot is situated will be preferred and failing this the resident of the Taluka and failing that the resident of the district over those of other districts. (ii) The restriction imposed in the interest of proper utilisa tion of Canal Irrigation supplies that the Hari or a small Khatedar must be in a position to make up minimum of 12 acres inclusive of a new grant and of any lands which his near relatives may be owning on the Karya (water course) also stand as a governing consideration. The further restriction, which some officers have imposed in the recent past, preventing. Haris and small Khatedars adding to their holdings on the ground that these remain below the 16 acres subsistance hold ing under M. L. Regulation 64, has of course, no authority and is not to stand in the way of grant to a Hari or a small Khatedar, if otherwise eligible in accordance with the principles enunciated above. It is to be hoped that this clarification over petty grants will lead to a more adjudicating correction at lower level in future.

4. In so far as the present case is concerned the parties have agreed between themselves that since the U. A. No. 125 is lying continuously to the North of the portion of this very U. A. No. which was granted to the respondent and his uncle, he may be allowed to build up full holding up to 24 acres whatever the area may be and the remaining Northern portion of the area should be granted to the petitioner. The respondent claims that he owns only 12 acres of land, whereas the order of the learned Additional Commissioner shows that he owns 19‑2 acres. The grants as between the petitioner and the respondent will depend on the actual facts, as emerging from the record on the spot. This arrangement has been accepted by the parties after the res pondent had alleged that Ahmad Khan, Supervising Tapedar, whose brother's Hari the petitioner admittedly is, has put up the petitioner so as to secure this land grant for himself eventually. The petitioner has, however agreed that he will not alienate this land to anyone except his brother or to some other brother Hari.

5. In the result, therefore, the revision is accepted to this extent that the petitioner will receive the balance Northern portion of U. A. No. 135, after the respondent has been allowed to complete his 24 acres out of the Southern portion. The orders of the Courts below stand modified accordingly. K. M. A. Revision accepted.