1989 PLP 447 (CLC)

Ch. Khurshid Alam for Petitioners. Khalid Mahmood Chohan for Respondent No.l. Rest of the Respondents: Ex pare. Date of hearing: 29th June, 1988. This is a revision petition filed under section 13 of the Consolidation of Holdings Ordinance 1960, against the order dated 20‑10‑1987 of the Additional Commissioner (Cons.), Lahore. whereby revision petition of .the petitioners was dismissed.

2. Briefly stated the facts are that consolidation scheme of the village was confirmed by the Consolidation Officer, Nankana. The appeal and the revision petition of the petitioners were dismissed by the Collector (Cons.) and Additional Commissioner (Cons.) on 13‑7‑1987 and 20‑10‑1987, respectively. Hence this revision petition.

3. Learned counsel for the petitioner has contended that Khasra No.59/1‑10(16K) fall in Shamslat Deh and have been in possession of petitioners for the last 60/70 years as "Khidmatgaar Takia". It was under their cultivating possession as "Bile Legan Ghair Moroosi Malkan". They were better entitled to get that land on account of their long‑standing entries of possession. But in consolidation operations that land was erroneously adjusted in the Khata of the respondent and in lieu thereof the petitioners were given no land. Learned counsel has stated that the disputed land either be kept in the Khata of "Shamlat Deh" as it was prior to consolidation or be included in the Khata of the petitioners.

4. Learned counsel for the respondent has argued that status of the petitioners in the disputed land was merely that of a licensee and that cannot be considered that of owners. Therefore, they have no locus standi to agitate the matter. He has further stated that since consolidation scheme was confirmed with the consent of the petitioners, therefore, they were debarred in filing any appeal or revision before higher forum. Additional Commissioner (Cons.) has thoroughly probed into the matter which calls for no change.

5. I have considered the arguments advanced by the parties and also examined the record of the case. Both the Collector (Cons.) and Additional Commissioner (Cons.) have not given any relief to the petitioners. The ancestor of the petitioners got this land for "Khidmatgaar Takia", as "Bila Legan Ghair Marooso Malkan" in 1924. The petitioners continue to be in possession till now. The fact is that the petitioners have a permanent right in the shape of their long‑standing and undisputed possession as "uhair Maroosi Bila Legan" A which right cannot be done away under cover of consolidation operations. The revision petition is accepted to the extent that the land in question will continue under the entries as exists on the last Register of "Haqdaran Gamin" before consolidation and the petitioners shall not be dispossessed. Consequential changes shall be made in the scheme by the Collector (Cons.) after giving due hearing‑to the parties. A.A./291/R . Revision accepted.