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Revision Side No. 314 of 1960‑61, decided on 31st August 1961, District Montgomery.

‑Collector canceling A's temporary ‑Lambardar's grant‑Collector allowing B, holding Horse Breeding Grant to exchange his land with land previously held by A‑Commissioner allowing appeal of A and restoring land to A‑A held entitled to take possession from B‑B not competent to raise objection that no notice was served on him under S. 24.

Ghulam Ali Alvi for Petitioner.

This is a revision petition against the order of the Additional Commissioner, Multan, dated 26‑4‑61, whereby he confirmed the Collector, Montgomery's order dated 28‑2‑61, restoring the Lambardari 1/2 square grant to the respondent.

The facts briefly are that Rehmat Ullah respondent's temporary Lambardar's grant of half Lambardari square was cancelled under Collector's order dated 5‑8‑57. The present petitioner who held a Horse Breeding Grant in the same state, was allowed to exchanged some of his scattered poor quality bits of land equal in area with this half square, on the recommendation of the District Remount Officer on 17‑8‑59. Rehmat Ullah respondent, went up in appeal to the Additional Commissioner, Multan, who accepted it on 18‑7‑60 and restored the resumed Lambardari grant to Rehmat Ullah, as he had proved himself to be a temporary Lambardar grantee in possession from before 15‑3‑48. Thereupon the Col lector restored the grant back to Rehmat Ullah respondent, Farid's appeal against this restoration was rejected by the Additional Commissioner on 26‑4‑61.

The petitioner's counsel contend that the restoration of the original Lambardari 1/2 square in the respondent's favour was against the rules as his client had not been served with any notice to show cause under section 24 of the Colonization of Government Lands Act. Because of this, he pleaded that the Collector ought to have restored the scattered 12J acres of land remaining with Government after the exchange and not the original square.

The law on the subject is contained in section 17 of the Colonization of Government Lands Act, 1912 and provides that the Collector may allow any tenant to exchange his tenancy, "subject to any order that he may receive from the Commissioner." As the Commissioner confirmed the restoration of the Lambardari grant to the respondent, the petitioner can have no further claim on the basis of the revoked order permitting him to exchange half square of his Horse Breeding Tenancy. Where the Commissioner has under the law, ordered the restoration of the land to the respondent, the necessity of a notice under section 24, does not arise. Moreover, the record shows that when the Settlement Officer was considering the question of the petitioner being allowed the exchange, the respondent had put in an application dated 20‑4‑5g, praying that order be stayed, as his appeal against the resumption of the 1/2 square had not been disposed of by the Commissioner, Multan. The petitioner has, therefore, not been prejudiced,

There is no force in any of the grounds of revision, which is rejected.

K. M. A.

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