P L D (PLP)

This is a petition in revision against order dated 13‑8‑1957, passed by the Commissioner, Multan Division, by which he set aside order dated 4‑1‑57, passed by the Collector, Montgomery, by which a square of land in Chak No. 56, 5‑L, Tehsil and District Montgomery was allotted to petitioner, Hassan Ali on horse‑breeding conditions. Feroza son of Sarja, grantee of one square of State land on horse‑breeding conditions, died on 13‑4‑56 and the question of reallotment of land was taken up by the District Remount Officer, who recommended that the grant be, made to petitioner, Hassan Ali, the younger brother of the deceased. Respondent Nur Ahmad (son of Baqar, who is alive and grand son of Feroza and Pir Ali elder brother of Feroza, applied for the allotment of the land. The ,Collector allotted the land to the petitioner. Nur Ahmed and Pir Ali filed appeals before the Commissioner who dismissed the appeal of Pir Ali and allowed that of the res pondent. According to the former Punjab Government Memo No. 868‑C dated 19‑2‑52 "in the case of a tenancy falling f vacant on the death of a lessee with a good horse mule breeding record it should continue to be allotted to the heirs of the deceased in preference to any other applicant". In making these allotments the Collector considers the recommendations of the District Remount Officer, who in the present case recomended as follows :‑ "After a thorough consideration into the case Hassan Ali, son of Sarja, who is also close relative of Feroza (younger brother) was granted horse‑breeding square". As observed by the Commissioner, the allotment is to be made by the Collector and not by the District Remount Officer. The Collector treated the observations of the District Remount Officer as a recommendation and accepted it. The recommendation of the District Remount Officer does not contain the grounds on which it is based. It does not say who are the applicants or possible heirs and why Hassan Ali has been preferred to others. It was urged that because Baqar, son of Feroza, deceased, has been considered ineligible, as he already holds another horse breeding grant, his son steps into his shoes and should be preferred to the brothers of the deceased. No rule or instruction could be shown under which Baqar was ineligible only because he held another horse‑breeding grant. The record does not show the comparative merits of Pir Ali, Hassan Ali and Baqar. As observed earlier the District Remount Officer has not mentioned these points in his recommendation. Under‑ these circumstances it is difficult to say whether it was reasonable to allot the land to Nur Ahmed or Hassan Ali or Baqar or Pir Ali or A someone else was more suitable. That being so it is necessary that a further enquiry should be made to determine the relative merits of different persons before the Collector comes to a The result is that the petition is allowed and the case is remanded for fresh decision by the Collector. Case remanded.