ALI BAQAR NAJAFI, J. - The petitioner, through this writ petition, seeks direction to respondent No. 2 to make arrangement of survey of Katchi Abadi of the petitioner to confer proprietary rights on the basis of instructions issued by the Chief Minister, Punjab vide Instruction No. 273- 2012/06-III, dated 11.1.2012 to all the Divisional Commissioners in the Punjab under the subject of survey of illegal occupant in the Rural Areas of the Punjab.
2. Grievance of the petitioner is that he is landless person, sought shelter over a Government land measuring 8. Kanals bearing Square No. 51, Khasra No. 14 and 14/min situated in Chak No, 296/GB, Tehsil Gojra District Toba Tek Singh. He has also constructed a katcha house and started living there with 48 other families for the last many years. The petitioner along with others approached respondent No. 2 through a written application wherein he has stated that he along with 47 other families are illegal occupants over the Government land and respondent No. 1 has issued circular in this regard to conduct a survey and to enter the names of the illegal occupants in the register.
Prayer was also made by him that proprietary rights may be granted to him along with Other families.
3. The learned Assistant Advocate General relies on the report and para wise comments submitted by respondent No. 2, categorically stated that land comprising Square No. 51. Khara Nos. 6, J, 11/2, 12/2, 13/2, 14 min. 15 min measuring 35 kanals, 19 marlas situated in Chak No. 296/G.B. Tehsil Gojra District Toba Tek Singh is owned by the Provincial Government and the same was reserved for graveyard under the orders of the District Officer (Revenue)/Collector vide his order dated 17.3.2008. Further submits that the encroachment in the form of katcha houses were removed by the department under Section 32/34 of the Colonization of Government Lands Act, 1912 vide rapt roznamcha waqiati No. 212, dated 19.11.2009. Further submits that after the removal of die encroachment the petitioner again encroached upon the land and the District Officer (Revenue)/Collector again vacated the land on 31.3.2010. Suit was filed by the petitioner in the Civil Court and status quo was granted to him, which was vacated vide order dated 19.11.2011 and now legal action against the encroachers for removal of encroachment is under process. The learned AAG relies on Section 6, sub-section (4) of the Punjab Katchi Abadis Act, 1992 to contend that graveyard have already been exempted from the said Katchi Abadi; therefore, no benefit can be extended to the petitioner. She also relies on Mst. Iqbal Begum Vs. The Chief Settlement Commissioner, Lahore and others (1981 SCMR 27) to contend that even issue of boundaries of two houses clearly delineated by Settlement Authorities cannot be resolved to exercise of Constitutional jurisdiction of this Court as jurisdiction of this Court is barred under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, because, it requires evidence.
4. I have heard the learned counsel for the parties and gone through the record.
5. The precise grievance of the petitioner is that he is entitled to the benefit of Instructions dated 11.1.2012, wherein the survey has to be completed by 20.1.2012. According to the petitioner's learned counsel the land in possession of the petitioner does not fall within the boundaries of the allotted graveyard. According to the report and comments the petitioner has already approached the Civil Court to have its findings on the aspect of demarcation of the land which, according to the learned counsel for the petitioner, falls outside the boundary reserved for graveyard. Respondent No. 2 has already removed the encroachment of graveyard twice and as per record no Katahi Abadi can be declared on the reserved land for graveyard. The question whether land falls within the boundaries of graveyard is a question of fact, resolution of which is not possible in exercise of writ jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. However, survey of illegal occupant in rural area in the Punjab as required on 9.1.2012 was to be completed by 20.1.2012. The same if not completed, must be carried out not only in respect of the area of District Toba Tek Singh but also elsewhere in the Punjab. With this observation this writ petition is disposed of.