SYED MUHAMMAD HAMID (MEMBER JUDICIAL-II).--This revision petition has been filed under section 164 of the Land Revenue Act, 1967 read with section 7 of the Colonization of Government Lands Act, 1912 against the orders of the Director, Cholistan Development Authority, Bahawalpur dated 4-11-2004 and that of the Executive District Officer (Revenue), Cholistan Development Authority, Bahawalpur dated 25-1-2005.
2. It has been contended on behalf of the petitioners that they moved applications before the Prime Minister of Pakistan and the Chief Minister, Punjab for allotment of land being the landless inhabitants of Bahawalpur Division. The application of the' petitioners was recommended by the Chief Minister's Secretariat and the same was sent to the Colonies Department of the Board of Revenue, Punjab. The petitioners pursued the matter vigorously in the Board of Revenue, Punjab but being disappointed they filed Writ Petition No,12453/1993 in the Lahore High Court, Lahore. The then Deputy Secretary, Board of Revenue, Punjab, appeared before the Honourable Judge and stated that due to lifting of ban on allotment of land for temporary cultivation, land can be allotted to the petitioners by the Managing Director, Cholistan Development Authority, Bahawalpur. He further stated that instructions are being issued shortly to the Managing Director, Cholistan Development Authority for allotting 12-1/2 Acres of land to the petitioners on or before 15-12-1993. Therefore, the writ petition was disposed of accordingly.
3. In pursuance of the orders of the Honourable High Court A petitioners approached the Managing Director, Cholistan Development Authority for allotment of land. The then Managing Director directed the petitioners to cultivate the land in Chak Nos.69 and 70/DRB and promised the petitioners to accommodate all of them as and when allotment opens and till then nobody will disturb them. The petitioners started cultivating the land, which was barren and comprised of sand dunes. They developed the land and used to pay Abiana to the C.D.A. Which amounted to Rs,4,00,000 (Copy of Challan was produced). In 2001-2002, the troops of Army came in the land, which was developed by the petitioners with the permission of the C.D.A. And dispossessed the petitioner despite the order of the High Court as well as stay order of the Civil Judge. The petitioners approached the Cholistan authorities for redressal,of their grievances but in vain. Thus the petitioners filed Criminal Original No,379/2002 in the High Court. It was ordered by the learned Judge of the High Court on 25-7-2002 that the application of the petitioner already filed for allotment of land on temporary cultivation lease scheme may be duly considered in accordance with law.
4. Petitioners appeared before the Director (Revenue/Colonies), Cholistan Development Authority, Bahawalpur to pursue the application pending with his office but he directed to submit fresh applications. Therefore, fresh applications were filed but the Director, Cholistan Development Authority, Bahawalpur rejected the same on the ground that the same do not fall under the policy of the Board of Revenue, Punjab. Their appeal in the court of the Executive District Officer (Revenue), Cholistan Development Authority was also rejected without considering the directions issued by the High Court, hence this revision petition.
5. It has been contended further that Cholistan Development Authority has not looked into the directions issued by the Colonies Department. No notice for ejectment of the petitioners has been served upon them. Case of the petitioner falls under 2nd category of the policy issued by the Board of Revenue, Punjab. Petitioners is landless tenants and they have no other means of livelihood except for allotment of the land. Impugned order is against the law/policy and rules. It has been prayed that the revision petition may be accepted, impugned orders may be set aside and the petitioners may be allotted land to the extent of 12-1/2 Acres in Chak No 69 and 70/DRB, Tehsil Yazman, District Bahawalpur in the light of the orders of the High Court and commitment of the Deputy Secretary (Colonies), Board of Revenue, Punjab.
6. Two contempt petitions were filed by the petitioners stating therein that despite status quo order from this court, the petitioners have been forcibly ejected and their cattles, machineries and other goods of necessities have been taken away/resumed by the staff of the Cholistan Development Authority. Divisional Canal Officer, Bahawalpur vide his order, dated 14-1-1999 imposed Tawan of Rs,4,92,234 upon 174 persons for illegally irrigating the land. They filed appeal before the Executive District Officer (Revenue), which was accepted on 5-1-2004 and the amount of Tawan was reduced to 6 times, which they deposited into the Govt. Treasury. It has further been stated that according to para.3 of Notification, dated 18-4-2002, only those persons can be allotted the land in Cholistan, whose names have been mentioned in Registers A/B but their names are not registered.
It has been stated further that petitioners are not Cholistani and are landless illegal occupants.
They came to Cholistan in 1993. In the end it has been stated that the revision petition is devoid of force, which may be dismissed.
7. Heard and record perused. There are clear cut directions from the Honourable High Court and instructions of the Colonies Department in pursuance of the statement of the then Deputy Secretary (Colonies), Board of Revenue, Punjab are in favour of the petitioners. The Cholistan authorities were required to examine the record of each and every petitioner and then decide the matter. Once they were allowed to cultivate the barren land, they could not have been ejected from the land developed by them. Cultivation of the petitioners are also admitted due to which Tawan was imposed upon them and the Cholistan authorities have got deposited a huge amount from the petitioners. No doubt the possession of the petitioners over the land in dispute is/was illegal but their longstanding possession/affiliation with the impugned land cannot be overlooked.
8. Therefore, I accept the revision petition, set aside the impugned orders and direct the Managing Director, Cholistan Development Authority, Bahawalpur to look into the matter personally, consider the claim of each petitioner, scrutinize the record and after hearing each of them and taking evidence produced by the petitioners before him in support of their respective claim and then decide the cases separately. The petitioners are directed to approach the Managing Director, Cholistan Development Authority, Bahawalpur, to whom a copy of this order is being sent for further necessary action. So far as the contempt petitions are concerned, the same are disposed of with the direction that the machinery etc. If available, with the Cholistan authorities should be returned to the petitioners as early as possible.