1990 PLP 1955 (CLC)

Sardar Muhamad Tufail for Petitioner (in R.O.R.No.809 of 1988). Malik Abdul Qayyum Awan for Petitioner (in R.O.R. No.992 of 1988). Malik Talib Hussain Awan and Ch.Nazar Hussain for Respondents (in R.O.Rs. Nos. 809 and 992 of 1988. These are two revision petitions against the orders of Commissioner, Bahawalpur, dated 28‑4‑1988, whereby he upheld the orders of A.C./Collector, Bahawalpur, dated 19‑1‑1988 cancelling the allotment of Ihata No.66 measuring 1K‑16M from petitioner Hassan Muhammad and Ihata No.8 measuring 1K‑4M from Muhammad Sharif petitioner on the ground that the Ihatas were allotted to them for `Dera Dari', but were being used for the residential purposes.

2. Brief facts of the cases are that the disputed Ihatas situated in Chak No.26/BC were reserved for Rafa‑e‑Aam and were allotted to the petitioners for Dera Dari as Lamberdars. However, these were being used by the allottees/petitioners for their residential purposes. A.C./Collector, therefore, recommended to the District Collector that the Ihatas be cancelled from the names of the petitioners reserved for a Girls Middle School. The District Collector directed the A.C./Collector to decide the matter according to policy. The A.C./Collector accordingly resumed the Ihatas after due notice and verifications and reserved these for a Girls Middle School. Aggrieved by the orders the petitioners filed appeals before the Commissioner, who did not see any force in the appeals and rejected the same. Hence these revision petitions.

3. Shaukat Ali etc. applied to be impleaded as party on the ground that these Ihatas were reserved for Rafa‑e‑Aam and as members of the local village community they were validly interested in their proper allotment/utilization. Nazir Ahmad had claimed that he had applied for the allotment of an Ihata and his revision was accepted by this Court on 19‑2‑1989 with the direction that some (additional) Ihata be allotted to him. However, since there was no other Ihata available in the Chak except a part of Ihata No.66 measuring 18 marlas, the same may be allotted to him.

4. I have heard the learned counsel for the parties. It is stated by the parties that they had arrived at a compromise before the Deputy Commissioner/Collector, Bahawalpur on 3‑1‑1989 and they were still prepared to follow that compromise which may be made the order of this Court.

5. I have considered the arguments and perused the record of the case and the compromise dated 3‑1‑1989 before the District Collector, Bahawalpur. According to this the area occupied by house etc. built by Hassan Muhammad in Ihata No.66 is to be allowed to remain with him and he would use it as `Dera'. A The rest of the said Ihata will be allotted to the person, who would offer to transfer suitable land for the girls middle school. As regards Ihata No.8 measuring 1K‑4M it would'remain with Muhammad Sharif, who would use it only for Dera Dari purposes. I, therefore, order accordingly and the revision petitions are thus disposed of. AA./344/R Order accordingly