' WAHEED AKHTAR ANNSARI, MEMBER (JUDICIAL-III).--The proceedings of the instant case were initiated with reference to an application dated 5-8-2004 filed by the petitioner before learned Senior Member, Board of Revenue Punjab. The same was marked to the Chief Settlement Commissioner, Punjab for its entrustment to the Notified Officer concerned. The Chief Settlement Commissioner, Punjab entrusted the same to the learned predecessor of this court for disposal as per law.
2. Learned counsel for the petitioner stated that Mian Zia-ul-Haq son of Fateh Din, predecessor-in- interest of the petitioner, being claimant Displaced Person, was allotted an area measuring 36- kanals (equal to 2/3 share) under settlement Scheme No,1 out of property bearing No,21/1 measuring 54-kanals, situated in Ward No,10, Chak No,212/RB, Tehsil City District Faisalabad vide allotment order dated 7-11-1959 by Deputy Settlement Commissioner Layllpur now Faisalabad with the condition that the allottee shall surrender the excess area, which is more than three times of built up area. But subsequently on the orders of Hon'ble Lahore High Court, Lahore the petitioner purchased the said A area, as well. But the possession was handed over to the petitioner to the extent of 20-Kanals only and possession of 16-Kanals was never handed over to him. On the basis of such assertions, it was requested that an area of 16-Kanals may be allotted to the petitioner in lieu of remaining 16-Kanals.
3. I have considered the argument of learned counsel for the petitioner, have gone through the application of the petitioner and case file including relevant revenue record/property file. Brief facts of the case are that Mian Zia-ul-Haq son of Fateh Din predecessor-in-interest of the petitioner, being claimant Displaced Person, was allotted an area measuring 36-kanals (equal to 2/3 share) under settlement Scheme No,1 out of property bearing khasra No,21/1 measuring 54-kanals, situated in Ward No,10, Chak No,212/RB, Tehsil City, District Layllpur, now Faisalabad vide allotment order dated 7-11-1959 by Deputy Settlement Commissioner Layllpur now Faisalabad with the condition that the allottee shall surrender the excess area measuring 8-kanals 16-marlas and 200- sq. Ft., which is more than three times of built up area. Against this order, the predecessor of the present petitioner filed an appeal before Settlement Authorities, which was finally disposed of vide order dated 14-12-1972 by Deputy Settlement Commissioner Faisalabad. Following is the operative part of the order:--- "I hereby order the transfer of 20-kanals, 7-Malras and 72- sq.Ft. To the transferees. This land be entered in their P.T.D. As the excess area measuring 8-kanals, 16-marlas and 200-sqft. Should be disposed of through Public auction. This area has been marked on the site plan with red ink. The transferees are directed to remove the boundary wall from the excess area and surrender the same in favour of the Department."
4, Accordingly Permanent Transfer Order was issued on 8-1-1962 in favour of the predecessor of the petitioner. The above order to the extent of excess area was challenged by the petitioner and other legal heirs of original transferee by way of writ petition No,774-R/1972, which was disposed of vide order dated 1-10-1973. The operative part of the judgment is as follows:--- "In the order passed by the Deputy Settlement Commissioner dated 14-12-1972, there is no direction as to how this area is to be disposed of and it is merely observed that the transferees are directed to remove the boundary wall from the excess area and surrender the same in favour of the Department. Again, in the earlier order of remand passed by the learned Settlement Commissioner dated 5-8-1972, whereby the case was remanded to the Deputy Settlement Commissioner for fresh demarcation, there is no order to the effect that the area found to be surplus must be disposed of by way of Public auction. A similar position obtain so far as the order of the Additional Settlement and Rehabilitation Commissioner dated 19-12-1968 is concerned. It was only in the initial order passed by the Deputy Settlement Commissioner dated 5-11-1968 that there was an order to the effect that the surplus area should be disposed of by the unrestricted auction, but this order was set aside by the provisional order passed by the Settlement and Rehabilitation Commissioner dated 5-8-1972. As the submission of the petitioner the surplus area should be offered to the appellant in provision of para 19 of the Settlement Scheme 1 and there is no definitive order to the contrary passed by any Settlement Authority, it is clarified that the area in question, in accordance, with the final order passed by the Deputy Settlement Commissioner dated 14-12-1972, shall be surrendered in favour of the Department, which shall, in the first instance, offer it for transfer on payment of the prevailing market value to the petitioner and only if he refused to accept is transfer on payment of the prevailing market value it shall be available for disposal as one or more building sites under paragraph 14 of the schedule to the Act. The writ petition stands disposed of in the above terms."
5. In pursuance of the above order, the petitioner applied for purchase of excess area measuring 8-kanals, 16-marlas and 200-sq.Ft. To the Deputy Settlement and Rehabilitation Commissioner, Faisalabad. The request of the petitioner was allowed vide order 17-2-1975. The operative part of the order is as under:--- "In view of the statement of Mian Sana-ul Haq, the surplus land measuring 8-kanals 16-marlas and 200 sq.Ft is transferred in favour of Mian Sana ul Haq, Mian Manzoor ul Haq, Mian Muhammad Siddiq and Mst.Anweri Khanum. The documents to be issued after the payment of the transfer price etc., in accordance with law."
6. In compliance of above order, the transfer price was assessed as Rs,88,300 and the same was deposited vide Challan dated 23-7-1975 along with settlement fee of Rs,445 and public dues amounting to Rs,8,885 (total Rs,97,330). Accordingly, transfer order No,55182 was issued on 31-7- 1975 regarding the excess area. The above transfer order and Permanent Transfer deed are still intact.
7. During proceedings, necessary reports were called from the concerned revenue field staff. A detailed report regarding the entries of revenue record along with "Chhant" was received from the District Revenue Authorities, Faisalabad along with relevant revenue record. The original allotment file is available with judicial file of this court. The same was examined with the assistance of the learned counsels for the petitioner and the Department, as well as Patwari Halqa. A detailed 'Chhant' produced by Patwari Halqa for the year 1949-50 till date was thoroughly examined and also the PTD, as well as T.O. Relied upon by the petitioner. Perusal of available record reveals that the name of Ziaul-Haq son of Fateh Din, predecessor-in-interest of the petitioner was duly incorporated in the revenue record in year 1953-54 at khata No,81 khatuni No,90, bearing khasra.
No,1171 in column of cultivation and the said land was allotted to him vide order dated 7-11-1959 of Deputy Settlement Commissioner. This entry regarding his name in cultivation column continued till 1965-66 and came into ownership column in the year 1969-70 after issuance of PTD on 8-1-1962 in favour of the petitioner regarding the impugned land. On death of predecessor of the petitioner, the inheritance mutation was sanctioned in favour of his successors in column of ownership vide mutation No,1393, dated 15-7-1971 but at the time of preparation of Register Haqdaran Zameen for the year 1973-74, the ownership of the petitioner was deleted without mention of any reference or order.
8. From the above examination, it has been established that the predecessor in interest of the petitioner i,e, Mian Zia-ul-Haq son of Fateh Din was allotted land measuring 36-kanals vide allotment order dated 7-11-1959. The excess area measuring 8-kanals 16- marlas and 200 sq.Ft.
Was purchased by the petitioner in pursuance of the order passed by the Hon'ble Lahore High Court, Lahore vide order dated 1-10-1973. After payment of government dues, Transfer order was issued on 31-7-1975. But, this land was alienated straightaway by the petitioner and other successors. The ownership of the petitioner regarding remaining land measuring 27-Kanals, 3- Marlas and 25-sqft remained intact in the revenue record i,e, Register Haqdaran Zameen till the year 1969-70. But, at the time of preparation of Register Haqdaran Zameen for the year 1973-74, the ownership of the petitioner was deleted without mention of any reference/order. During the proceedings, this court repeatedly directed the Patwari Halqa to produce the relevant record on the basis of which, the above deletion was occurred, but he stated that the ownership of the predecessor-in-interest of the petitioner was deleted without mentioning any reference or order and is just result of an erroneous entry. From the above, it becomes clear that the predecessor of the present petitioner was validly allotted an area measuring 36-kanals falling in khasra No,1171, situated in Ward No,10, Chak No,212/RB, Tehsil City District Faisalabad, and this allotment is still intact as per record of Settlement Department and of Revenue Department as well. The legal heirs of Zia-ul-Haq including the present petitioner sold out, a piece of land measuring 08K-15M in year 1975, whereas the remaining allotted land was deleted without any order/reference from the name of the predecessor of the petitioner through an erratic entry made in the register of record of rights for the year 1973-74. So, the case of the petitioner is not of alternate allotment rather is a matter of correction of revenue record.
9. According to the provisions of sections 166 and 172(2)(vi) of Land Revenue Act, 1967 and as per subsequent instructions issued by Board of Revenue, Punjab vide letter dated 7-571985, the correction of wrong entries/clerical mistakes in the revenue record is the subject matter of District Revenue Authorities. Learned District Collector, Faisalabad as custodian of the revenue record of whole district is competent and responsible to keep the record maintained in its true form at all times. And correction of such entries fall within the domain of said authority. The old or new wrong entries in the revenue record which are found having no base can be corrected at any time. The dictum laid down in a judgment of Full Board of Board of Revenue, Punjab dated 3-1-2009, is fully applicable in this case.
10. In view of the above, the application of the petitioner has much force in all respects and is hereby accepted. The Additional District Collector, Faisalabad is directed to proceed with the case according to the provisions of section 172(2)(vi) of the Land Revenue Act, 1967 and redress the grievance of the petitioner within a period of two months from receipt of certified copy of this order.
He is directed to pass a speaking order after hearing the petitioner and likely to be affected persons.
11. A copy of this order shall be sent to the Additional District Collector, Faisalabad for necessary compliance. With these observations, the case is disposed of. The case file shall be consigned to record room after its due compilation/page marking. The judgment of this case was reserved on 26-5-2014 and is being announced today i,e, 3-6-2014. Parties be informed, accordingly.