1985 PLP 2504 (CLC)

Petitioners' father Karim Dad Khan was made temporary allotment on 10-2-1956 and after verification of the claim permanent allotment on 1`3-1-1960. In proceedings under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, the Settlement Commissioner (Lands), vide order dated 31-8-1977, passed the following order:- "It is alleged by the petitioners that the person named Karim Dad is non-existent and has no entitlement or claim. Aziz Ahrnad Patwari was examined who produced K.L. II of village Har-Narian Pura, Tehsil Lahore. He has been allotted land of Khata No.1 of the R.L.Il, but the name of the Evacuee village and district has not been mentioned, in column No.4 which is blank. Although it is a must to know and ascertain the entitlement of the respondent. An allotment could not be made until the entitlement is worked out, with reference to the Evacuee village. In the present circumstances the entitlement of the respondent is non-existent. Therefore the allotment of Khata No.1 in the name of Karim Dad is clearly proved to be bogus and without any entitlement, as is evident from the statement of the official who presented the R.L.Il. It is therefore cancelled and resumed." Hence this Constitutional petition.

2. Learned counsel for the petitioners has contended that the petitioners' predecessor-in-interest, Karim Dad Khan was very much in existence. He was made temporary allotment and then permanent allotment. Learned counsel for the petitioners has produced his Identity Card No.272-00-084639, Ration Book issued in his name and so also passport bearing No.272021. These have been returned to him. It is also submitted that Karim Dad Khan remained alive till 27-7-1975 and thereafter estate duty to the tune of Rs.3,50,000 was paid. Learned Settlement Commissioner was in error to have held that Karim Dad Khan was non-existent. Further, it is contended that the omission in Col.4 of the R.L.11 name of the previous village was an official act and not in the control of the claimant, besides that the other details of land abandoned and their measurements were mentioned in the relevant columns. It is secondly contended that before the impugned order was passed, the allotteee had died and his legal representatives were not brought on record and no order could be passed against a dead man.

3. Learned counsel for the Settlement Department has submitted-that the allotment is in excess of the ceiling laid down by the Chief Settlement Commissioner for the land which is urban.

4. From the statement of facts made above, it would appear that the impugned order passed in proceedings taken against a dead man. These were obviously corum non judice. It was an error to have held that the claimant was non-existent. Omission of the name of the village was only an official clerical mistake. The allotment was never challenged in proper proceedings. It had become final.

5. For the foregoing reasons the impugned order is declared to be without lawful authority and of no legal effect to the extent of the allotment in favour of the deceased Karim Dad Khan. The petition is thus allowed but, in the circumstances, the parties are left to bear their own costs. S.A.?????????????????????????????????????????????????????????????????????????????????????????????????? Petition allowed.