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‑‑ Art. 9‑Allotment of land‑Petitioner's whole allotment of land not confirmed on ground of part of that land having been allotted to somebody else‑Petitioner allowed allotment of remaining land from any available land in circumstances of case.

Wafadar Khan for Petitioner.

Nemo for Respondents Nos. 1 to 4.

Ch. Muhammad Hussain for Respondent No. 5.

Date of hearing : 5th December, 1980.

The petitioner was allotted land measuring 14 Kanals and 2 marlas on 11‑4‑1969. It should have been confirmed in due course after fifteen days. It was not done. On his representation the learned Member, Board of Revenue, has directed confirmation of land equivalent to 8 kanals and 18 marlas out of Khasra No. 34/14 proposed at Khata No. 59/92 of Reg1ster RL. II of village Bhindor, Tehsil and D1strict Sheikhupura. 5 kanals and 4 marlas were not ordered to be confirmed as the same have been allotted to somebody else. The contention of the learned counsel for the petitioner is that he was entitled to the confirmation of the entire land allotted to him and that should have been deemed to have been confirmed in his favour after the period of 15 days. In any case for these 5 kanals and 4 marlas not confirmed, he should be confirmed some other land.

2. The contention merits acceptance. The matter has remained pending. Therefore, it is directed that the petitioner shall be given a small area of 5 kanals and 4 marlas from any available land in the estate or near about in lieu of the land earlier allotted to him. The petition is thus allowed but without any order to costs in the circumstances.

M. A. K. Petition accepted.

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