1986 PLP 781 (MLD)

Nemo for Respondents. Date of hearing: 29th April, 1984. Notice through registered post is shown to have been sent to the respondents for today but no one has appeared on their behalf. They are, therefore, proceeded against ex parte.

2. This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan is directed against the order, dated 4‑12‑1973 (Annexure 'E') passed by the Additional Settlement Commissioner (L), Gujranwala cancelling the temporary allotment of the petitioner and the order of the Settlement Commissioner (L), dated 9‑1 1974 (Annexure 'F') whereby petitioner's revision petition was dismissed.

3. Facts which gave rise to the present petition are that the petitioner, a displaced person from Jammu and Kashmir migrated to Pakistan and filed his claim with registration No.11590 for 25 Acres ' Barani' agricultural land slated to have been abandoned by him in village Dhungha. Tehsil Akhnoor, District Jammu. His claim was accepted by the Claims Officer on 29‑4‑1959 to the extent of 12 Acres 'Barani' agricultural land.

4. Petitioner being a refugee from J and K was allotted land measuring 47 Kanals 19 Marlas on temporary basis in village Lidhar, Tehsil and District Gujranwala on 31‑8‑1957. His entitlement for allotment calculated in terms of P.I. Units was equivalent to 474 units. 374 units out of his total entitlement were sent to village Garmula, District Gujranwala where he was allotted land equivalent to 342 units leaving 32 units unsatisfied. Remaining 100 P.I. units were sent 'to village Fattoo Mand, District Gujranwala but no land could be allotted to the petitioner there. Subsequently, these units were sent to village Lohianwala, District Gujranwala where also no land could be allotted to the petitioner. Thus, in all 132 units remained unsatisfied.

5. On an application made by Allah Rakha, respondent No.1, E.A.C. (Revenue) by his order, dated 17‑11‑1973 recommended that the petitioner's temporary allotment comprising 47 Kanals and 19 Marlas in village Lidhar, District Gujranwala should be cancelled as the petitioner had sold his verified claim. Petitioner as also respondent No.1 were heard by the Additional Settlement Commissioner (L), Gujranwala. Petitioner admitted before him that he has sold his claim about 3/4 years back. In view of the petitioner's admission that he had sold his claim, it was held by the learned Additional Settlement Commissioner that he had no locus standi to retain' the temporary allotment. The learned officer, therefore, by order, dated 4‑12‑1983 (Annexure 'E'). cancelled the petitioner's temporary allotment of the aforementioned land. Petitioner preferred revision petition but without any success as the same was dismissed by the learned Settlement Commissioner (Lands) Gujranwala by his order, dated 9‑1‑1974 (Annexure 'F'). Hence this petition.

6. Learned counsel for the petitioner has not challenged the finding that the petitioner had sold his claim and that he admitted this fact before the learned Additional Settlement Commissioner. It was, therefore, rightly held by the learned Additional Settlement Commissioner and the learned Settlement Commissioner that the petitioner having sold away his claim had no locus standi to retain the temporary allotment. Allowing the petitioner to continue with the temporary allotment notwithstanding the fact that he had no pending claim units to be satisfied would have amounted to permitting him to derive double benefit which is no permissible either in law or in equity. Temporary allotment of the petitioner was, therefore, rightly cancelled and the impugned order passed on correct premises, legal as also factual, are not open to any exception.

7. In view of what has been held above, this writ petition has n merit and the same is dismissed with no order as to costs as respondent No‑1 has not put in appearance. M.Y.H???????????????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.