MUHAMMAD MUZAMMAL KHAN, J. --- Petitioner being lessee of State land, challenged order dated 15.10.2005, whereby land under his lease was allotted to respondent No. 3 with the claim that he still continues to be in possession' as lessee and had been paying "Tawaan". Revenue record in form of Khasra Girdaweri revealed that petitioner was recorded as illegal occupant of the land which was leased out to him in the year 2001 for a one year period and consequently lapsed in the year 2002.
Petitioner could not refer to any scheme entitling him to retain or repossess, the land in question.
Even under the memorandum dated 10.10.2003 only an existing lessee could be conferred proprietary rights. Recovery of "Tawaan" by D.O. (R) does not confer any right of allotment.
2. Report/parawise comments submitted by the Member (Colonies) depicts that land on lease with the petitioner under Temporary Cultivation Scheme was allocated for Islamabad Oustees Scheme and is no more available for allotment to him. Petitioner could not refute that lease land was resumed on 31.8.2004 under the orders of D.O. (R) dated 9.8.2004 and petitioner thumb marked the resumption proceedings at the spot. As far as rights of the petitioner to allotment of the land as evicted tenant in terms of judgment in the case of Ali Muhammad and 13 others v. Province of West Pakistan and another (PLD 1969 Lahore 951), are concerned, he may approach the concerned official/authority, as this exercise cannot be undertaken in Constitutional jurisdiction of this Court.
3. For the reasons noted above, petitioner has no right of allotment after efflux of time limited for his lease under Section 111 of the Transfer of Property Act, 1882 especially when he is no more in possession of the same, thus this petition being devoid-of any merit is dismissed.