1996 PLP 453 (CLC)

This is a revision petition against the order dated 14‑1‑1990 of the Additional Commissioner (Revenue), Sargodha Division, Sargodha wherein the appeal filed by the respondent Muhammad Rafiq was accepted.

2. Brief history of the case is that the petitioner Muhammad Aslam was allotted 70 Kanals of State land by Assistant Commissioner/Collector, Bhakkar vide order dated 25‑8‑1971. Possession was delivered on 28‑8‑1971 vide Roznamcha Waqiati. Beside other Khasra Nos., Khasra No.20/2 is also included in the allotment. However, litigation is pending with regard to Khasra No.20/2 (6 Kanals, 16 Marlas) in the Board of Revenue. Under the 15 years scheme, the petitioner applied for grant of proprietary rights to Assistant Commissioner/Collector, Bhakkar who granted the proprietary rights to the petitioner for 65 Kanals, 4 Marlas including Khasra No.20/2. The sale‑deed was executed in favour of the petitioner and the land was mutated in the name of the petitioner vide Mutation No.81, dated 9-7‑1988. Respondent Muhammad Rafiq on conung to know about the grant of proprietary rights of Khasra No.20/2 (6 Kanals, 16 Marlas) made an application before the Collector, Bhakkar that since the matter is pending before the Board of Revenue, therefore. allotment of Khasra No.20/2 in favour of the petitioner should be stayed and Mutation No.81 be cancelled till a decision is made by the Board of Revenue regarding Khasra No.20/2. Assistant Commissioner/Collector, Bhakkar refused to make any change on the ground that the matter is pending before the Board of Revenue and any change can be made after a decision is taken by the Member, Board of Revenue on the pending revision petition. Aggrieved against this decision of Assistant Commissioner/Collector, Bhakkar, the petitioner filed an appeal before the Additional Commissioner (Revenue), Sargodha who accepted the petition of the respondent and hence this revision petition.

3. The counsel for the petitioner and the respondent are present. The counsel for the petitioner narrated the brief facts as stated in the above paragraph. On the other hand, the counsel for the respondent pleaded that in 1971, land measuring 6 Kanals, 16 Marlas in Khasra No.20/2, Chak No.40/ML, Tehsil Kallurkot, District Bhakkar was allotted to the respondent Muhammad Rafiq under '15 years lease scheme. Subsequently, the same land was allotted to one Muhammad Qurban on 12th October, 1972. Aggrieved by this, respondent Muhammad Rafiq put in a review petition against the allotment to Muhammad Qurban before Assistant Commissioner/Collector, Bhakkar which was rejected on 4‑9‑1971. Against this Muhammad Rafiq respondent preferred revision petition before Additional Commissioner (Consolidation), Sargodha who accepted it and remanded the case back to Assistant Commissioner/Collector, Bhakkar, vide his order dated 14‑12‑1971. On remand, Assistant Commissioner/Collector, Bhakkar restored the allotment to Muhammad Rafiq declaring him the original allottee vide his order dated 27‑3‑1972. Both Muhammad Qurban and Muhammad Aslam now the petitioner filed appeals against Assistant Commissioner's order dated 27‑3‑1972 before the Commissioner, Sargodha. Muhammad Qurban withdrew his appeal while Muhammad Aslam's revision petition was dismissed by the Commissioner Sargodha. Revision petition of Muhammad Aslam, the present petitioner was also dismissed by Member, Board of Revenue on 8‑11‑1974, Muhammad Aslam then filed writ petition in the High Court and the case was remanded back to Member, Board of Revenue who again dismissed his petition. Muhammad Aslam filed another writ petition and the case again was remanded on 14‑10‑1975 to Board of Revenue which is pending till today. As mentioned by the counsel for the petitioner Muhammad Aslam was allotted land measuring 70 Kanals vide Assistant Commissioner/Collector's Order dated 25‑8‑1971 which included the Khasra No.20/2 under dispute. Subsequently,. Muhammad Aslam was given proprietary rights vide Mutation No.81, dated 9‑7‑1988. This order was challenged by Muhammad Rafiq respondent on the ground of being sub judice with Board of Revenue which was turned down by A.C./Collector, Bhakkar. An appeal was preferred before the Additional Commissioner (Revenue), Sargodha who remanded the case to Deputy Commissioner on 24‑1‑1989 by setting aside the order of the Deputy Commissioner, Bhakkar. Deputy Commissioner, however, according to the counsel of the respondent did not implement the order of the Additional Commissioner (Revenue), Sargodha dated 24‑1‑1989 and did not set aside the Mutation No.81, dated 9‑7‑1988.

4. I have heard the arguments advanced by the counsel for the petitioner and the respondent and have perused the record placed before me. The Khasra Girdawari for the period Rabi, 1975 to Rabi 1985 shows that disputed Khasra No.20/2 is under the cultivating possession of the petitioner Muhammad Aslam s/o Muhammad Saddique. Allotment Register of the 15 years temporary leave scheme of Chak No.40/ML, Tehsil Kallur Kot duly attested by Assistant Commissioner, bhakkar was examined which shows that Khasra No.20/2 was allotted to Muhammad Aslam s/o Muhammad Saddique, caste Arain, the present petitioner.

5. In light of what has been ' said above, I accept the revision petition of Muhammad Aslam and have no reason to interfere with the order of A.C./Collector, Bhakkar dated 25‑8‑1971 wherein disputed Khasra No.20/2 (6 Kanals, 16 Marlas) stands in possession of the petitioner alongwith other Khasra numbers. A.A./30/R??????????????????????????????????????????????????????????????????????????????? Revision accepted.