1997 PLP 2566 (MLD)

2. Commissioner pointed out that the impugned State land had been leased out to Khushi Muhammad s/o Jhanda caste Bhatti under Temporary Cultivation Scheme in the year 1969. The lease kept on being extended in Khushi Muhammad's favour up to 1991. Khushi Muhammad is still in cultivating possession thereof.

3. Commissioner observed that it would be a case of extreme hardship if Khushi Muhammad was dispossessed from this land only because it had to be given on temporary lease to Roshan Din s/o Badar Bakhsh. He recommended that another piece of available State land which may not be under cultivating Possession of any genuine lessee, may be leased out to Roshan Din and earmarked for reservation as a Lambardari lot for additional post of Lambardar if and when created for which Roshan Din is a candidate.

4. I have heard Roshan Din s/o Badar Bakhsh at great length. He pleads that he had colonized/brought under cultivation 120 Kanals of State land in rectangle Nos.81/6 to 10, 82/1 to 10 in Chak No.72/ML which was then earmarked as Lambardari lot. This lot was then held by Haji Badar Bakhsh as Lambardar. Roshan Din claims that he was ' Sarbrah' of late Hiji Badar Bakhsh after whose death, the case for appointment of fresh Lambardar was taken up. Ultimately Roshan Din's nephew Abdul Shakoor s/o Muhammad Ramzan was appointed temporary Lambardar and the Lambardari lot was also allotted to him.

5. Roshan Din ever since has been trying to get an additional post of Lambardar created. He also has been trying to get 100 Kanals of State land on lease so that the same could be got converted into a Lambardari lot as and when the additional post of Lambardar is created for him.

6. Board of Revenue in the Colonies Department on the executive side accommodated his request and approved vide their Memo. No.141 90/1722/TH-II, dated 28-7-1990 that the impugned State land in Khasra Nos. 108/1 to 5, 109/1 to 10 may be leased out to him.

7. Roshan Din contends that as he had brought under cultivation rectangle Nos.81/5 to 10 and 82/1 to 10 which has now been allotted to his nephew Abdul Shakoor as Lambardar, he deserves the lease of alternate State land. He has selected the State land in rectangle Nos.108 and 109 for this purpose. He concedes that this particular land has been held on lease by respondent Khushi Muhammad for last 25 years but he argues that the said lease does not confer any lawful right on the respondents.

8. Khushi Muhammad argues that he got the land on lease in 1969; had brought it under cultivation by spending a huge amount. He had all along been regularly paying the rent and getting the lease regularly extended. It would be very harsh on him if he is deprived of his lease-hold only to accommodate Roshan Din who does not have any rightful claim for the lease of the impugned State land.

9. Having heard the parties and after having carefully gone through the case record, I have reached the conclusion that there was hardly any justification for the Colonies Department to have agreed to the grant of temporary lease of Khasra Nos. 108/1 to 5 and 109/1 to 10 measuring 120 Kanals in Chak No.72/ML, Tehsil Mankera to Roshan Din. The impugned land had been on temporary lease with Khushi Muhammad s/o Jhanda since 1969 who had been getting the lease extended. If at all there was any good reason for granting temporary lease to Roshan Din, only such State land as was not in the cultivating possession of any lessee/tenant should have been made available to him.

10. Accepting the recommendations made by the Commissioner, Sargodha Division, the order of the Board of Revenue conveyed through Memo. No.141-90/1722-TH-tI, dated 28-7-1990 is re-called. The lease of the impugned land may remain intact with Khushi Muhammad s/o Jhanda.

11. Learned Senior Member/Member (Colonies) may like to get the proprietary grant of temporary lease of 100 Kanals of State land in favour of Roshan Din re-examined on the executive side. If the Colonies Department consider it proper to grant him such a lease, only such State land as is not already under cultivation of a lawful lessee may be offered to him. H.B.T./64/R. Order accordingly.