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Revision No. 186 of 1960‑61, decided on 11th February 1962, District Bahawalnagar.

‑Allotment‑Reservation of site for Chowki dar‑Discretion.

‑No person to be deemed to be tenant unless he has taken possession of land with permission of Collector.

This has been described as a revision petition against the order of the Additional Commissioner, Bahawalpur Division, dated 13‑2‑1961, whereby order of the Collector, Bahawalnagar refusing to allot site No. 83 situate in Chak No. 98/68, Tehsil Fort Abbas to the respondent Muhammad Din, was set aside and it was allotted to him.

Village site No. 83 Chak No. 98/R, was in the possession of Habib, petitioner, Muhammad Din, respondent, applied for its allotment. The abadkars opposed his application, which was not recommended by the Assistant Commissioner and the Deputy Commissioner (Collector) rejected it. Muhammad Din, respon dent, went up in appeal to the Additional Commissioner, who allotted the site to him as it adjoined his house and the Chowkidar was already living in site No. 62. Habib has come lip in revision on the ground that he has been assisting the Chowkidar and doing begar work in the Chak for the last two years.

I have carefully considered the merits of this case. I am of the opinion that Habib has no locus standi as he has been in illegal possession of the same and he is not a Chowkidar. He has no special claim to allotment of this site. However, I think, there is no reason why the respondent should be allowed to steal a march over others possibly equally or more deserving persons, by the adoption of a faulty and incorrect procedure of allotment through his prival application. I think he should in the interest of equity take his chance along with others. The Collector should first hold an enquiry whether this site requires to be reserved for chowkidars or should be allotted as a residential site. He will probably come to the conclusion that in a settled Chak, where a chowkidar has another site, it need not be reserved for him, since in such Chaks there should generally be no difficulty in recruiting chowkidars from amongst the settlers without the necessity of reserving special sites for them. If this is so, the site should be declared open for allotment, applications invited and the allotment made to the most deserving candidate.

It remains to deal with the fact that the respondent had deposited Rs. 200 in the treasury under challan No. 207, dated 27‑2‑1961 two weeks after the Additional Commissioner's order. This fact can, however, confer no special rights on the respondent since under section 10 (4) of the Colonization of Government Lands (Punjab) Act, 1912 "no person shall be deemed to be a tenant or to have any right or title in the land allotted to him until . . he has taken possession of the land with the permission of the Collector. After possession has been so taken the grant shall be held subject to the conditions declared applicable thereto." It is an admitted fact that the respondent has not taken possession of the site allotted under the Additional Commissioner's order.

Habib petitioner's revision is, therefore, dismissed. The Additional Commissioner's order in favour of Muhammad Din, respondent, is however, also set aside as indicated above. The Collector may, if satisfied that the site should be thrown open, take steps accordingly.

K. B. A.

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