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2012 CLC 712

FATEH SHER vs DISTRICT COORDINATION OFFICER, VEHARI and 44 others

Citation2012 CLC 712
CourtLahore High Court
Case No.Writ Petition No,5060 of 2011
Date2011-04-28
Judge(s)Ijaz Ahmad Chaudhry
ResultPetition dismissed

ORDER

IJAZ AHMAD, J.--- In an auction held on 18-4-1988, the land in question was leased out to Manzoor Ahmad son of Adil, the father of the petitioner for the crops of Kharif 1988 and Rabi 1989, vide order dated 29-10-1989, passed by the Collector/Assistant Commissioner, Vehari.

2. Contends that the land in question is still in the occupation of the petitioner and now the respondents, acting under sections 32 and 34 of the Colonization of Lands Act, 1912, want to dispossess the petitioner. Further contends that after enjoying the lease of two crops, the petitioner has a right to perpetually possess and cultivate the land in question. It is contended that the petitioner is being dispossessed and the land is being resumed without serving any notice to him.

3. I have heard the learned counsel for the petitioner and also gone through the record.

4. The land was given on lease to the father of the petitioner for 'Kharif' 1988 and 'Rabi' 1989 in an open auction. The fixation .Of duration of two crops 'specifies the term of petitioner's possession.

After the elapse of the term, the petitioner will 'be deemed to be a trespasser under the civil as well as criminal law. Any extension in the lease period can be effected through an open auction only where the others desiring to have it on lease will have on equal chance of success. Illegal occupation is a mental disease. If allowed to continue, it becomes an epidemic in gravity and contagious in character. This Court cannot contribute to this wrong and cannot bestow it the perpetuity. As far the contention that the petitioner has not been served any notice is concerned, it suffices to say that a squatter and trespasser are always at notice that they have to vacate this land. These people in fact collaborate, with the revenue authorities. They are, advised to obtain an ad interim injunctive order in the last days of the each term. The squatters and the officials enrich themselves. The treasury is hollowed. The illegal occupation continues. This petition has no merit. It is hereby, dismissed with a cost of Rs,1000/-. Copies of this order be sent to all the concerned authorities. They shall ensure that the illegal occupants are ejected and the vacated land is put to an open auction for lease in future.

Cited by 1 case

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