' WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III).--The perusal of the case file reveals that the titled case was entrusted to this court vide order dated 21-07-2011 of learned Chief Settlement Commissioner, Punjab for disposal which reads as under:- ' Khaliq Ahmad Ansari, Advocate, counsel for the petitioner is present and states that the case may be transferred to Member (J-III)/Notified Officer, Lahore and Faisalabad Division. Arguments heard.
The request of the counsel for the petitioner is accepted and the case is transferred to Member (J- III)/Notified Officer, Lahore Faisalabad Division. However, any allotment to be made shall be subject to the approval of Member (Residual Properties/Chief Settlement Commissioner) under rules/policy. The parties are directed to appear in the court of Member (J-III), BOR on 29-07-2011 for further proceedings.
' The perusal of record shows that the proceedings of this case has been initiated as a consequence of order dated 09-02-2009 of Honorable Lahore High Court, Lahore passed in Writ Petition No.119-R/2008 which reads as under:- ' I find that there is no denial of the facts narrated above in the impugned order regarding the allotment of the specific land mentioned in the writ petition in favour of the father of the petitioner.
The record had already been examined by this court in W.P. No.101-R/84 when the claim was stated to have been verified and re-verified. In the said circumstances, the respondent instead of proceeding against the officers responsible for disposing of the land under the RP Scheme has proceeded to non-suit the petitioner who is in court since the last more than two decades. The letter dated 03-09-2004 as also the earlier letters stating that the allotment not incorporated in revenue records shall be deemed to be fraudulent would be of no avail in view of the established rather admitted fact on record that the said specific land was allotted in favour of the petitioner's father. In this view of the matter, the learned counsel has very correctly argued that it is not a case of some un-adjusted units rather it is a case of land for land, in fact, transferred to the petitioner' father as admitted before this court and as is evident from the record and not at all denied or challenged in the impugned order passed by the respondent. Needless to state that the RP authority had no jurisdiction to deal with the land which was not at all available having already been allotted to the petitioner's father. The writ petition is accordingly allowed. The impugned order dated 30-05- 2008 of the respondent is declared to be without lawful authority and void and is set aside. The result would be that the matter shall be deemed to be pending and the respondent shall take steps for implementation of the said allotment in the revenue records. If deem necessary the notice will be issued to the persons to whom the RP Authorities has transferred the land and they will be heard. In case it is not found possible to deliver the said land to the petitioner, the steps shall be taken for transfer of alternate land of equal value to the petitioner. A copy of this judgment he remitted to the respondent. All steps will be taken to conclude the matter three months thereafter under intimation to the Deputy Registrar (Judicial) of this court. No orders as costs.
2. Learned counsel for the petitioner contended that the petitioner may be allotted alternate land in pursuance of order of Honorable Lahore High Court, Lahore. The attention of the learned counsel for the petitioner was drawn towards the above order and he was required to produce the copy of allotment order, which needs to be implemented in obedience to the direction of Honorable Lahore High Court, Lahore dated 09-02-2011. The learned counsel for the petitioner straightway refused to produce any such allotment order on 20-01-2014. Even then, the learned counsel for the petitioner was still required to produce the said order, as in absence of such order, the implementation of order of Honorable Lahore High Court, Lahore would not be possible and case was adjourned for 17-02-2014. Learned counsel for the petitioner intentionally avoided and failed to produce any such allotment order in favour of the petitioner despite various opportunities. Lately, the petitioner, as well as, learned counsel absented from the proceedings of case.
3. In the backdrop of the above, where the petitioner has failed to produce any allotment order or any such like document and secondally the available record, which shows some reports mentioning some fact regarding proposal of a land to be allotted to the father of the petitioner, but such reports are have no back up of relevant documents, to proceed further with the matter and to carry out the directions of Honourable Lahore High Court, Lahore regarding implementation of allotment order is not possible.
4. The matter is disposed accordingly.