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R.O.R. No.1755 of 2012, decided on 25th February, 2013.

----S. 10---Consolidation of proceedings---No one agitated against Muswada Scheme---Musawada Scheme indicating area reserved for Boys School while Girls School was located within Abadi Deh, whereas deficiencies of landowners would be met from another khasra---Such Scheme was confirmed by the Board of Revenue accordingly. Muhammad Tufail Ali for Petitioner. Muhammad Latif Mirza for Respondents.

This revision petition has been filed under section 13 of the Consolidation of Holdings Ordinance, 1960 feeling aggrieved of an order dated 20-4-2012, passed by the Additional Commissioner (Revenue), Sahiwal Division, Sahiwal, vide which while accepting the revision of the respondents, he set aside the order dated 8-9-1999 with direction to complete the area of Government Primary School, Kot Ghazi, Mauza Muhammadpur. He further directed to the Consolidation Officer to provide the deficient area to the respondent (now petitioner) from other source. 2. Brief resume of this case is that consolidation scheme of Mauza Muhammadpur, Tehsil and District Sahiwal was confirmed on 28-12-1994, whereby an area measuring 4k-0m, comprising Khasra No.135/3 belonging to the Government Boys Primary School was included in the Khata of Fazil Khan etc. An appeal was filed by Ghulam Farid etc. on 4-12-1998 before the then ADC/Collector(Cons.), Sahiwal, which was dismissed on 8-9-1999. They preferred revision petition in the court of the Executive District Officer (Revenue), Sahiwal, which was later on entrusted to the court of Additional Commissioner (Revenue), Sahiwal Division, Sahiwal, who after hearing the parties, accepted the revision petition on 20-4-2012, set aside the impugned order dated 8-9-1999. Hence this revision petition. 3. Mr. Muhammad Tufail Alvi, Advocate/counsel for the petitioner gave brief resume of the case and contended that Ghulam Farid has no concern with the confirmation of the consolidation since he has not been aggrieved. He placed reliance on 2001 YLR 916 and contended that definition of aggrieved person has been elaborated in this citation. He placed on the file copy of the same. He further contended that the impugned order is sketchy, where direction has been given to make good the deficiency in the area of the respondent. According to the Musawadda Scheme, Shamlat land has been given. Case-law reported as PLD 1975 Rev. 19 says that the Board of Revenue, Punjab cannot interfere in such matter. The appeal was time-barred but no application for condonation of delay was moved. The Additional Commissioner (Revenue) after hearing the averments, first dismissed the appeal of the respondents but later on it was accepted. The Education Department was under legal obligation to file appeal through the appointed person by the Government of the Punjab under Order XXVII, Rule 1-2, C.P.C. Ghulam Farid etc. are strangers and agitating the matter unauthorizedly. Law cannot permit them to fight the case on behalf of others. Land measuring 19k-5m has been kept intact for Government Primary School, Ghazi Kot according to the approved mode of partition. He prayed that the revision petition may be accepted and impugned order may be set aside by restoring the order of the ADC/Collector (Consolidation), Sahiwal, dated 8-9-1999. 4. On the other hand, Mr. Muhammad Latif Mirza, Advocate/ counsel for respondents argued that the impugned land belongs to Government Primary School, which was donated by the residents of Deh from out of Shamlat land. If the area of the school had to be included in the consolidation, the school authorities must have to be given notice thereof. The landholding of the petitioner is not adjacent to the school. At the spot, there were old trees and when they were cut it came to know that the impugned land had been given to him in consolidation, therefore, immediately appeal was filed. Since the confirmation of the consolidation scheme was without notice, hence was a void order and no limitation runs against the same. Father of the respondents donated the area to the school. The respondents are aggrieved person being pro bono publico. Since the joint interest of the community of the area involved, any of them can move for rectification of the wrong done. He prayed that the revision petition may be dismissed and order of the lower court may be upheld, which has been passed in accordance with law. 5. Arguments considered and documents placed on record perused. The impugned order dated 8-9-1999, passed by the ADC/Collector (Cons.), Sahiwal perused, which appears to be in conformity with the Consolidation of Holdings Ordinance, 1960 and passed after perusing the Revenue Record. The learned Additional Commissioner (Revenue), Sahiwal Division, Sahiwal while passing the impugned order, did not consider the Musawadda Scheme, which clearly indicates that Government Boys Primary School situates in Khasra Nos.135/2 (7k- 7m), 3-min (3k-13m), 8-min (4k-17m), 9-min (lk-2m), 27-min(0k-19m) and 34 (1k- 7m) measuring 19k-5m. Musawadda Scheme further elaborated that further area would not be reserved for School and Government Girls Primary School situates in Khasra No.105/33 within the joint Abadi Deh, same shall be divided. No one agitated against Musawadda Scheme during consolidation proceedings and accordingly scheme was confirmed. It was also agreed that in the Musawadda Scheme deficiencies of the landowners would be met from Khasra No.135. All this clearly mandates that scheme was confirmed in accordance with the Musawadda Scheme and the learned Additional Commissioner (Revenue), Division, Sahiwal failed to appreciate the same. The impugned order dated 20-4-2012 appears to be against facts of the case and agreeing with the contentions of the petitioner, same is set aside by accepting the revision petition. 6. After hearing the averments advanced by the learned counsel for the respective parties at Sahiwal, the decision in this case was reserved on 15-2-2013 and is being announced today, which may be communicated to the respective parties through their counsel. SAK/2/Rev. Revision accepted.

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