2003 PLP 1094 (MLD)

Ras Tariq Chaudhry for Petitioner. This I.C.A. proceeds against judgment dated 19-7-2002 of a learned Single Judge in Chamber of this Court, whereby Writ Petition No 13042 of 2002 was dismissed.

2. The appellants laid information regarding the illegal allotment of land made in favour of respondent No.2. They remained successful and excess allotment to the tune of 491 units was cancelled from the name of respondent No.2. This cancellation was upheld right up to Supreme Court of Pakistan. However, vide judgment dated 8-2-2001 passed in C.P.L.A. No.998 of 1993 the respondent No.2 was held entitled to exercise his choice of surrendering an area to the extent of 491 units by duly applying to the Notified Officer.

3. It appears that option was exercised by respondent No.2 who opted to surrender his land in Chak No.291, Toba Tek Singh. According to the Office Report (copy of the same annexed with I.C.A.) it was observed that land in Chak No.96 will be surrendered. This report was made by some subordinate who sought the opinion of concerned officer. The report was sent to the Deputy District Officer (Revenue), Gojra for necessary legal action on 17-10-2001. Now the said D.D.O. (Rev.) proceeded to attest the mutation whereby land in Chak No.96/GB was mutated in favour of Provincial Government. This Mutation No.988 was attested on 30-3-2002. Against this order- respondent No.2 filed an appeal before the Executive District Officer (Revenue), T.T. Singh. The said Officer found the mutation to be violative of the said judgment of the Hon'ble Supreme Court of Pakistan. The appeal was allowed and the case was remanded to the District Officer (Revenue) with direction to pass a clear order regarding the excess are to be resumed according to the option exercised by respondent No.2. This order was passed on 24-5-2002 and was challenged by filing the said, writ petition which has been dismissed.

4. Learned counsel for the appellants contends that the judgment of the Hon'ble Supreme Court was referable to only 251 units as 240 units in Chak No.96 already stood resumed and not to the entire 491 units. Learned counsel suggests that remaining 251 units may be surrendered from other Chaks.

5. The relevant portion of the said judgment stands reproduced in the memo. of this I.C.A. We have gone through the same with the assistance of the learned counsel. We find that said-contention of the learned counsel is not borne out from the said judgment. It has been stated in absolutely clear terms that option is to be exercised by respondent No.2 with reference to entire 491 units.

6. Learned counsel then contends that mutation was, attested pursuant to the order passed by the Notified Officer and no appeal or revision was competent before the E.D.O. This may be so, but we are in agreement with the learned Single Judge that it is the duty of, public functionaries to see to it that judgment and directions of the Hon'ble Supreme Court of Pakistan are complied with. The impugned order has, precisely the said effect and as such leaned Single Judge has very rightly declined to interfere on the said ground. No other point has been urged. I.C.A. is dismissed in limine. H.B.T./F-127/L I.C. Appeal dismissed.