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Writ Petition No. 1829 of 1968, decided on 7th March, 1983.

-- S. 24-Constitution of Pakistan (1962), Art. 98-Grant of proprietary rights-Petitioner granted State land on lease and required under terms to bring 80 per cent. under cultivation and for such achievement will be granted proprietary rights to an extent of half of lease-Petitioner failing to bring requisite land under cultivation:. within specified period and State land resumed without granting proprietary rights-Petitioner challenging resumption order on ground that before passing order be was not provided opportunity of being heard by not following procedure laid down in S. 24- Evidence showing petitioner bringing land under cultivation to an extent of 76 per cent and no discrimination found have been done to him and penal provisions of S. 24 not attracted-Petition dismissed.

Iqbal Ahmad Malik for Petitioners

Syed Tassaduqe Hussain Jillani, A. A.-G. for Respondents Nos. 1 to 4.

Riaz Anwar for Respondent No. 5.

Date of hearing : 7th March, 1983

The petitioners were granted State land under Bara Scheme for a period of three years in 1956. According to the terms of the lease the peti tioners were required to bring under cultivation at least 80 per cent

grant of proprietary rights to the extent of half of the lease-hold the other half to be surrendered to the State. In the present case the peti tioner failed to bring under cultivation the requisite area within the period of tenancy. The period was extended by the orders of the Collec tor to give them a further opportunity for bringing the land under culti vation to the requisite standard but the petitioners failed to do so even then. The Collector vide his order dated 15th April, 1964 proceeded to resume the land after holding that the petitioner had cultivated only 17.69 per cent of land instead of 80 per cent. required under the terms of the agreement. He held that the petitioners were not eligible to retain the land or to the grant of proprietary rights. These orders were challeng ed in appeal before the Additional Commissioner who dismissed the appeal on 4th June, 1965. The revision in the Board of Revenue met with the same fate when the revision petition was dismissed on 10th Novem ber, 1967. The petitioners are in the High Court since then. In the meantime the land after resumption has been allotted to respondent No. 5 and even the proprietary rights have been granted to him through a sale- deed executed and registered on 1st November, 1973.

2. The learned counsel for the petitioners has argued that under clause l7-B of the terms of agreement the petitioners had a right to be heard by the Director, Land Reclamation before he could report the matter to the Collector for the resumption of land. He has also argued that even the Collector could not resume the land without following the procedure laid down in section 24 of the Colonization of Government Lands Act. The learned counsel has also argued that the petitioners have been discriminated against inasmuch as two others lease-holders of the same village have been allowed proprietary rights even though they have cultivated only 30 per cent of the land.

3. As regards the discriminating treatment the learned Assistant Advocate-General has produced a list of 41 cases of Muzaffargarh Tehsil in which the leases were resumed on similar facts. Even in the peti tioners' village out of lease-holds there have been resumed including that of the petitioners although it is correct that after the award by the Arbitrator, who was the Commissioner in this case, proprietary right have been given to two others, but this clearly shows no discrimination against the petitioners.

4. As regards the merits of the case even the best estimates of the petitioners show cultivation of 76 per cent of the land which is still below 80 per cent required. For this purpose be relies on the reports of the Patwari while on the other band the inspection conducted by the Recla mation Officer, MuItan and the Revenue Assistant, Muzaffargarh shows that the petitioners cultivated only 30 per cent of the land. The Land Reclamation Officer had otherwise reported the cultivation only of 17.6 per cent. In view of this evidence the opinion of the Collector that the petitioners had not fulfilled the condition of cultivation of 80 per cent of the land is, therefore, justified and not open to question. As regards the procedure provided for in clause 17 (b), I am afraid the emphasis on this clause is misplaced. Clause 7 (b) of the terms and conditions of the lease shows that the proprietary rights could be granted on the satisfaction o the Land Reclamation Officer regarding cultivation of the requisite area.

Even otherwise the penal provision of section 24 of Colonization of Government Lands Act and of clause 1 (b) of the condition applicable to the present case are attracted only during the continuance of the lease. In the present case the lease had expired and the petitioners were bound to surrender the possession peacefully on the expiry of the lease under Para 20 of the conditions.

In view of the above considerations the orders of revenue autho rities do not call for interference. The writ petition is dismissed with costs.

M, Y, M, Petition dismissed.

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