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Civil Appeal for Special Leave to Appeal No. 874 of 191/5, heard on 24th February, 1982.
(On petition against the judgments and orders dated 10‑7‑1975 and 25‑8‑1975, passed by the Lahore High Court in Writ Petition No. 669/11 of 1975 and L. P. A. No. 148 of 1975).
‑ Land in dispute reserved for allotment to certain claimant by order of Allotment Committee Leave to appeal to Supreme Court‑Granted to consider contention that such land could not be allotted to anybody else.
A. R. Shaukat, Senior Advocate Supreme Court and Maqbool Ahmad Kadri, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing : 24th February, 1981.
‑Abdur Rehman, father of the petitioner, filed claim forms in respect of abandoned agricultural land in India which was verified at Khata No. 23 of village Ahmadpur. Mcload Ganj, Tehsil Minchandabad, District Bahawalnagar. Mst. Azeeman paternal aunt of the petitioner filed claims Nos. 91011 and 8490 which were also verified and her entitlement was calculated at 2540 units. It was entered Khata No. 48 of R. L.‑II. The allotment was made in respect of 2278 P. i. Units out of the 2540 mentioned above leaving a balance of 262 P. I. Units.
2. Her entitlement to another 900 P. I. Units was received in the estate on 23‑I1‑1959 and was entered at Khata No. 23 of R. L. II. The petitioner succeeded Mst Azeeman's entitlement by mutation No. 70 which was duly sanctioned. On 8‑6‑1965 the Allotment Committee re served land measuring 174 kanals and 16 marlas in favour of Mst. Azeeman. 31 kanals and 17 marlas of land which is in dispute was in the possession of the petitioner since 1956. It was allotted on 8‑10‑1971 to Faiz Muhammad by the petitioners, Muhammad Siddique, respondent No. 3, and Maqsood Ahmed against this order. These were accepted by order dated 28‑3‑1972 of the Additional Settlement Commis sioner and the case was remanded. The D. S. C. held Faiz not entitled to the allotment and held that the entitlement of Muhammad Siddique was received on 13‑1‑1958 and that of Chiragh Din, predecessor‑in interest of Maqsood was received on 27‑12‑1968, and although he should not have considered the case of Faiz because he was eliminated by the Additional Settlement Commissioner, the D. S. C. went on to hold that the entitlement of Faiz was received in the estate on 8‑5‑1970. The petitioners filed Writ Petition No. 669‑R of 1975 which was dismissed in limine on 10‑7‑1975. J. C. A. No. 148 of 1975 was dismissed similarly by the two Judges of the High Court on 25‑8‑1975. Hence this petition which is directed against the I: C. A. and writ petition.
3. The submission ‑ made is that the land in dispute having been reserved for Azeeman on 8‑6‑1965 by order of the Allotment Committee which was the competent authority in the matter, it could not have been allotted to anybody else wherefor the allotments made by the D. S. C. on 5‑4‑1975 are without lawful authority.
4. Prima facie there is force in the submission wherefor leave is granted subject to Rs. 2,000 as security. The appeal shall be heard on the present record but the parties shall have the right to present additional documents. Status quo shall be maintained in the matter pending the decision of the appeal.
Leave granted.
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