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Writ Petition No.1146/R of 1978, decided on 27th May, 1986.

---Art.199--displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2)--Allotment of land, cancellation of Assumption made by notified officer regarding entitlement of allottees/petitioners having been found to be factually false, entire order of notified officer, held, would stand vitiated on account of such unfounded assumption.

Ch. Muhammad Abdullah for Petitioners.

Ch. Muhammad Nazir Ahmad with N.M. Tahir for Respondent No.1.

Ch. Muhammad Altaf, -Legal Advisor for the Settlement Department.

Date of hearing: 27th May, 1986.

This writ petition has called in question the order of a notified officer at the level of Settlement Commissioner with the powers of. Chief Settlement Commissioner, Lahore dated 26-9-1978 whereby he cancelled the petitioners' allotment in village Hardoke Mughal, Teshil and District Gujranwala after holding it to be in excess of the entitlement of Jamal Din, their predecessor-in-interest.

2. The facts necessary for the disposal of this case are that a deceased claimant Jamal Din had filed his claim form for agricultural land abandoned by him in the occupied territory of Jammu and Kashmir State. After verification of his claim by a Deputy Claims Commissioner 'in respect of agricultural land abandoned by him under Schedule V the Central Record Office of the Settlement Department first issued entitlement certificate of 2698 P.I: Units but later on the objection of the claimant an exercise was undertaken by the Incharge, Central Record Office, and a supplementary certificate for additional 3593 P. I., Units was issued in favour of the claimant on 25-2-1964. The area verified in his favour was 75 Acres in respect of village Chak Jaffar out of which 70 Acres was claimed to be Nehri and five Acres was Barani. Out of the same 75 Acres, 10 Acres were for Mauroosi land. In respect of another village Chak Channi an area of 20 Acres was verified in favour of the petitioners' predecessor. After verification of all the land, the classification of land given by the Deputy Claims Commissioner was Nehri. The file of the verification of entitlement produced by an official of the Central Record Office has been perused by me as well as by the learned counsel for the parties. A perusal of the record clearly brings out that the total entitlement of the petitioners' predecessor-in-interest Jamal Din was only 6291- P.I. Units.

3. There was a Mukhbari application moved against the allotments of the petitioners in various villages of Gujranwala district which culminated in the order of the notified officer, dated 26-9-1978 whereby he treated -the total entitlement of the predecessor-in-interest of the petitioners to be 3593 P.I. Units. Acting on this assumption, the notified officer proceeded to cancel the allotment of the predecessor-in-interest of the petitioners at Khata R.L. II No.535 of Mauza Hardoke Mughal Tehsil and District Gujranwala.

4. The assumption made by the notified officer regarding the entitlement of the petitioners having been found to be factually false, "I think" the entire order of the notified officer will stand vitiated on the basis of a wrong assumption as to a material fact which has furnished ground for the decision.

5. After having set aside the order of the notified officer on the; ground noted above, I would remand the case to the Additional Commissioner Revenue, Gujranwala who is now, I am told, the notified officer, for fresh determination of the area consumed by the petitioners' predecessor-in-interest in allotment in satisfaction of his claim while keeping in view the correct entitlement of the petitioners' predecessor-in-interest at 6291 P.I. Units. In the course of this exercise it will be open for the parties to canvass the illegality or irregularity of any allotment which may be involved apart from the above question of entitlement. The notified officer is further directed to work out the correct evaluation of the area allotted to the petitioners or their predecessor-in-interest after taking into consideration the classification of soil consumed in allotment with respect to special Jamabandi of 1946-47. In the circumstances there shall be no order as to costs.

H . B . T . Petition accepted /order accordingly.

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