1. ' SARDAR MUHAMMAD SHARD: KHAN, plot measuring 2 marlas under Survey No 446 min. Situate in village Banala, Tehsil Thakyala District Kotli is claimed to be in possession of the petitioner as an allottee of the same. Basically, this piece of land is `Khalsa' land, the allotment of which was made to the petitioner by the Settlement Officer, Kotli in the month of May, 1976 vide order of sanction attached with the file.
2. ' It is then alleged that the Government has illegally transferred the same piece of land allotted to him as stated above to the Civil Supplies Department and as the impugned order was made behind the back of the petitioner without lawful authority against the mode prescribed by law of acquisition i. e. Against the provisions of Land Acquisition Act without awarding any compensation to him, it is liable to be cancelled as such.
3. ' The learned counsel for the petitioner was heard.
4. ' To look into the validity of the allotment of the piece of land in question made in favour of the petitioner by the Settlement Officer, the learned counsel was advised to let us know under what provision of law the allotment of the plot in question was made to the petitioner ? In answer to the question asked by us, Government Order No, RS/688-91/66 dated 7th December, 1966 was referred to by which sanction of plot in question was made by the Settlement Officer in favour of his client.
5. Under para. 3 of this order, the Collector of the District is empowered to sanction a plot constituting 'Khalsa' land on payment of ground rent. Obviously Settlement Officer is figuring therein. It is only the Collector of the District who is competent to sanction a plot taken out of `Khalsa' land on ground-rent to a person.
6. ' To bring the allotment in question within the mischief of this order as contended by the learned counsel, we were also led to go through para. 233 of Punjab Settlement Manual wherein the Settlement Officers are invested with the powers of a Collector under the Land Revenue Act. By conferment of powers of a Collector on the Settlement Officers, they cannot be known as a Collector of the District. In exercise of their powers as Revenue Officers, they are the functionaries of the Government as such within the district though they are not subject to the control of the Collector of the District. The Collector of the District is always a Deputy Commissioner who is deemed to be the Custodian of the State Property in the District and so he has been specifically empowered to grant a lease of 'Khalsa' land on payment of ground rent on certain conditions which powers cannot be exercised by any order officer exercising the powers of Collector under the provisions of Land Revenue Act. This sanctioning authority of a plot from 'Khalsa' land on ground rent is the Collector of the District who is the Deputy Commissioner and any other officer will be an incompetent person to do as such.
7. The sanction of the plot in favour of the petitioner is not given by a competent authority and as such it is invalid. In the very order referred to by the learned counsel for the petitioner the Government, even in case of valid allotment, is authorised to take it back for public purpose from an allottee after payment of compensation, if condition of allotment does not stand committed to any breach thereof.
8. ' In the present case the transfer of the plot in cplestiod to the Civil Supplies Department for extension of their Godown was made by the Government in exercise of the powers vested in it as earlier stated and as such the provisions of the Land Acquisition Act are not attracted in any way for acquisition of the same.
9. ' The ownership of the land is not supposed to be transferred under Government Order No, RS/981- 88/66 dated 7th December, 1966. Actually this transfer is a lease on payment of ground-rent provided it is done in accordance with the provisions contained in the said Order of the Government.
10. ' A lease of the land in question was not validly carried out by the competent authority and as such we cannot interfere with the impugned order on basis of an invalid sanction obtained by the petitioner. However, the Government may be pleased to look into the matter of its own accord in the light of sub-para. 3 of para. 4 of the Government Order under which some persons stand a chance to be benefited by the said order of the Government and the petitioner may proceed according to law for a claim of compensation, if any and if so advised.
11. ' In the aforesaid circumstances enumerated, we are unable to admit this writ petition for regular bearing and as such it is hereby dismissed in limine.