1986 PLP 2679 (MLD)

Date of hearing: 10th May, 1986. Ata Muhammad and others filed this Constitutional petition challenging order, dated 15‑4‑1981 of the Additional Settlement Commissioner (Lands) exercising powers of the Chief Settlement Commissioner, Punjab, Lahore, whereby he did not acknowledge petitioners' status as that of informers and did not allot excess land cancelled and resumed from the Khata of respondents Nos.l to 4 in village Sobha Ram District Okara.

2. The respondents Nos.l to 4 contested this petition and also filed Writ Petition No. 190‑R of 1986 assailing the impugned order whereby the Additional Settlement Commissioner cancelled excess allotment of land made in their favour. Both these petitions are being disposed of by this order.

3. Learned counsel for the petitioners submitted that pursuant to Ali Muhammad petitioner's 'Mukhbari' application the Additional Settlement Commissioner, Sahiwal vide order, dated 29‑12‑1965 cancelled the excess land allotted to the respondents and vide his order, dated 9‑2‑1966 directed that the same be allotted to the petitioners. The aforesaid order was complied with and the petitioners were allotted land against their verified claim on 30‑3‑1966 at Khata R.L.II No.6/9 of the village Sobha Ram. Mst. Khudija Begum and others filed Revision No.54 of 1966 in the High Court against that order which was allowed and the case was remanded to the Additional Settlement Commissioner for fresh decision. In post remand proceedings the Additional Settlement Commissioner vide order, dated 15‑4‑1981 restored the‑ allotment of land made in favour of the contesting respondents. He however found that the respondents got allotted 42 Kanals of land equivalent to 253 P.I. Us. in village Sobha Ram, Tehsil Dipalpur, District Okara, in excess of their entitlement. He accordingly directed for its cancellation and disposal in accordance with law.

4. Learned counsel for the petitioners contended that it was on the 'Mukhbari' application of Ali Muhammad petitioner that unauthorised allotment of land obtained by Mst. Khadija Begum and others was cancelled on 29‑12‑1965 and allotted to the petitioners in 1966 against their verified claim, the Additional Settlement Commissioner wrongly rejected their claim to retain the land allotted to them in the year 1966. It was submitted that the petitioners are claimant displaced persons with unsatisfied claim to their credit whereas Mst. Khadija Begum and others had obtained allotment of the land in dispute in excess of their allotment and utilised wrongful gain therefrom for the last many years.

5. Learned counsel for the contesting‑respondents, on the other hand, pleaded that the respondents being in cultivating possession of the land in dispute are entitled to purchase the excess land as envisaged under section 3 of Act XIV of 1975. Learned counsel for the contesting respondents initially disputed the excess allotment of land to the extent of 253 P. I. Us but on deeper examination and under instructions of the respondents admitted that the Additional Settlement Commissioner rightly worked out the excess allotment of land equivalent to 253 P. I. Us.'

6. With the assistance of learned counsel for the parties and on the instructions from the parties, present in Court, it has been found that the contesting‑respondents undoubtedly obtained allotment of land equivalent to 253 P. I. Us in excess of their entitlement in village Sobha Ram, Tehsil Depalpur, District Okara. The learned Additional Settlement Commissioner declined to acknowledge Ali Muhammad petitioner as informer, because Khadija Begum had laid information that Mauloo and Rauloo who had inherited claim of Kaudo, had wrongly obtained land in District Faisalabad. The information laid by her was not in regard to the land in dispute got allotted by her in excess of her claim. The application made by Ali Muhammad, petitioner was directly against the fraudulent allotment obtained by respondents, which was cancelled vide order, dated 29‑12‑1965, and pursuant to that order allotment of land was made on 30‑3‑1966 in favour of the petitioners vide, R.L.II 16 of the village in lieu of their pending claim. Moreover, he contested the case upto the High Court. The petitioner‑informants were entitled to retain allotment of land to the extent of 52 Kanals equivalent to 253 P.I.Us. cancelled from the allotments of respondents. The land in question, being not available cannot be sold to the respondents under section 3 of Act XIV of 1975. Resultantly the order of the Additional Settlement Commissioner to the extent of directing cancellation and resumption of excess area equivalent to 253 P.I. Us. in village Sobha Ram, Tehsil Depalpur District Okara is maintained but his order that the disputed land would revert to evacuee pool, and its disposal under the law is declared to be of no legal effect. The allotment of land earlier made in favour of the petitioners to the extent of 253 P.I. Us. only in village Sobha Ram Tehsil Depalpur shall stand revived.

7. This petition is allowed in terms indicated above, while connected Writ Petition No.190‑R of 1986 is dismissed in limine. H . B . T .???????????????????????????????????????????????????????????????????????????????????????????? Petition allowed.