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Writ Petition No.443 of 1982, decided on 9th June, 1982.
--S.10--Petitioner a lessee of certain State land apprehending that part of land was being taken over for schools and playgrounds and applying for extension of lease before Colony Assistant--Application was reported by Colony Department as pending due to non-production of copies of Khasra Girdawaris and Register Haqdaran--Held, petition was, premature as there was no final order on application of petitioner--Petitioner could go into appeal against final order- Petitioner instructed to produce relevant documents before Colony Assistant/ Collector who was directed to decide same within one month.
Abdul Sattar Goraya for Petitioner.
Tassadduq Hussain Jilani, A.A.-G. for Respondent.
Date of hearing: 9th June, 1982.
The report and parawise comments of the respondent have been received and perused.
2. It appears that the petitioner's application for extension of the lease relating to the total area specified in para 1 of the petition is still pending with the Colony Assistant/ Collector, Sahiwal, and no action has been taken thereon. The report of the respondent states that no action could be taken, as the petitioner had failed to produce the relevant documents, such as copies of Khasra, girdawaries, register haqdaran zamin etc., as required by law.
3. It appears that this petition is premature as there is no final order which has been passed on the petitioner's petition for extension of lease. When such an order is passed, the petitioner can' also prefer an appeal against the same. The petitioner should, therefore, produce the relevant documents before the Colony Assistant/ Collector, Sahiwal, immediately, so that his application can be processed. This should be done as early as possible. I hereby direct the Colony Assistant/ Collector, Sahiwal, to dispose of the petitioner's application within a month. It is the case of the petitioner that at the instance of a person who is his enemy, some attempt is being made to take away certain part of his killas for schools, whereas the Education Department is not wanting his killas but certain other area. The Colony Assistant/ Colldctor, Sahiwal, should also examine whether any parts of the petitioner's land already resumed or to be resumed for schools and playgrounds were or are being so legally and validly resumed, in terms of paras 373/495 of the Colony Manual, Volume I, and the latest instructions of the Board of Revenue, on the subject. With this observation, this petition stands disposed of accordingly.
S. A . /3037/L Petition accordingly.
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