1985 PLP 2502 (CLC)

The petitioner is widow of one Umroo son of Jewna. Her husband Umroo had a brother Badroo. Both were killed during the disturbances of 1947. Petitioner filed a claim for the land left behind bearing No.1391 on 21-2-1949 which was verified in the year 1950. Mutation of inheritance Nos. 12 and 13 were sanctioned on 3-10-1951. According to her share, the petitioner became entitled to 306 units. She was allotted land worth 278 units on 30-1-1954 which was confirmed on 25-5-1954. This allotment was made in village Sardarpur, Tehsil Kabirwala, District Multan. Some of the heirs took their units to Gujranwala where they got allotment. They had also filed Form No.12333 for verification of land abandoned which was verified on 28-4-1953. On this, allotment was made excluding the petitioner. In view of the subsequent verification, the petitioner's claim form was cancelled by the Central Record Office on 28-3-1968 and her application for review was also rejected on 19-6-1969. The petitioner applied to the Settlement Commissioner/Chief Settlement Commissioner under section 10/11 of the Displaced Persons Land Settlement Act, 1958. She brought the aforementioned facts to the notice of the Settlement Commissioner (Land)/Chief Settlement Commissioner, who, vide order, dated 9-12-1971 dismissed the application on the ground that her claim has been rejected by the Central Record Office in view of the provisions of Para. 67 of the Settlement Scheme. Hence, this Constitutional petition.

2. Learned counsel for the petitioner has contended that the petitioner had been given the land on the basis of a verified claim in the year 1954. Her entitlement could not be interfered with by others who have been given land. They will only be entitled to the extent of their share. In any case, the petitioner's allotment was confirmed in 1954. This could not be set at naught by a side-wind by cancelling her claim by the Central Record Office on 28-3-1968 and that too without affording an opportunity of hearing her.

3. Nobody appears to oppose the petition. It is obvious that the petitioner was allotted land after verification of the claim according to her share in the year 1954. She could not have been deprived of her rights without notice and in proceedings which had no sanction of law behind them.

4. In view of the above, the order of the Settlement Commissioner (.and)Chief Settlement Commissioner, dated 9-12-1971 is declared to be without lawful authority and of no legal effect to the extent of the rights of the petitioner earlier recognized and on the basis of which she had been confirmed allotment in the village Sardarpur, Tehsil Kabirwala of District Multan. She will be entitled to retain the confirmed allotment. The petition is allowed but as nobody has appeared to oppose the petition, there shall be no order as to costs. S.A.?????????????????????????????????????????????????????????????????????????????????????????????????? Petition allowed.