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Revision Side No. 14 of 1954‑55, decided on 15th December 1956. District Jhang.
S. 28‑--Tender for temporary cultivation---Clause in tender regarding responsibility of tenderer for all loss to Government in case land had to be leased out on fresh tender‑--Suit can be filed by Government ---Amount of loss cannot be recovered as land revenue.
Chaudhry Barkat Alt v. The West Punjab Province P L D 1952 Lah. 200 rel.
Ghulam Abbas Jafri for Petitioner.
Abdus Sami Pal for the State.
There is no doubt that the notice inviting tenders for tempo rary cultivation, which was issued in this case, contained a clause to the effect that the tenderer would be responsible for all loss to Government in case the land had to be leased out on fresh tenders. But it is not clear how the enforcement of this condition can be done by the Collector under the Colonization of Government Lands (Punjab) Act, 1912. The Lahore High Court dealt with a similar matter in Chaudhry Barkat Ali v. The West Punjab Province (P L D 1952 Lah. 200) and decided that the recoupment of the loss in such cases could not amount to the levying of a penalty under section 28 of the Act and could not, therefore, be treated as the recovery of arrears of land revenue. This position is not seriously contested by the counsel for the respondent.
In the above circumstances, I accept this petition for revision and direct that the amount in question should not be recovered from the petitioner as arrears of land revenue. If the State wants A to enforce the said condition relating to the recoupment of the Government loss, it will have to sue the petitioner in a competent Court of law.
K. M. A. Petition accepted.
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