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Writ petition No. 65-R of 1985, decided on 3rd November, 1985.
---9. 3--Proceeding for confirmation--Nature of--Such proceeding in a case where genuineness of proposal of land was not disputed, held, would be pending proceedings for disposal by Notified Officer.
---S. 3--Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction, exercise of--Genuineness of proposal of land in favour of petitioner being not disputed, High Court in constitutional jurisdiction, directed Notified Officer to proceed with pending matter in accordance with law after full application of mind to availability of area, question of doubt allotment and correct classification of soil including genuineness or otherwise of claim of petitioner.
Ch. Muhammad Abdullah for Petitioners.
Nemo for Respondents Nos. 1 and 2.
Date of hearing: 3rd November, 1985.
This writ petition has been filed on the grievance that the proposal made in favour of the petitioners who were claimants at RL-11 Khata No. 4 of village Jatari Kona, Tehsil and District Sheikhupura, on 6-4-1972 has not been confirmed by the statutory functionaries despite a lapse of several years
2. Before admitting the writ petition, I wanted to be satisfied whether the proposal on the R.L. 11 had been made genuinely by an authorised officer under his own signatures. I called for a report and the Assistant Commissioner, Saddar Sub-Division, Sheikhupura appeared. The R.L. II Khata No. 4 in dispute was then sent to the officer who made the proposal on 6-4-1972, namely Mr. Bashir Ahmad Sheikh who was on 27-4-1985 posted as Additional Commissioner (Revenue), Gujranwals Division, Gujranwala. He has verified that the Khata in dispute was genuinely proposed and put up before him on 6-4-1972 and as per the concluding lines of his order he had directed that this Khata should be got checked by the Revenue Officer concerned and a report be submitted about the present classification of and recorded as 'Chair Mumkin'. He has further explained that he wanted to know before confirmation the classification of 'Chair Mumkin' land as existed on the spot at that time so that the area used for purposes other than agriculture could be excluded.
3. The case has been called out several times. It is now 11-40 a.m. None has turned up on behalf of the respondents despite service.
4.The genuineness of the proposal of land in favour of the petitioners before the repeal of the Displaced Persons (Land Settlement) Act, 1958 not being disputed, it admits of no doubt that the proceedings for the confirmation would be pending proceedings and had to be disposed of by a Notified Officer under Act XIV of 1975. However, before taking up the matter of confirmation the notified officer shall duly take note of the classification and the requirements as listed by the Additional Commissioner, Gujranwala Division, Gujranwala in his communication, dated 27-4-1985. The law will be duly observed in that behalf..
5. In view of the above circumstances, I would issue a writ in the nature of mandamus directing the respondents to do that what they are required by law to do, i.e. to proceed in accordance with law and confirm the Khata in favour of the petitioners after full application of the mind to the availability of the area, question of double allotment or the correct classification of the soil including genuineness or otherwise of the claim of the petitioners. In the circumstances of the case, there will be no order as to costs.
A . A . Petition accepted.
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