1. ' The above titled complaints were filed by the complaint makers to the following effect under the provisions of Multiple Allotment Act against the respondent namely Muhammad Saleem Khan who is a Sub-Inspector of Police. The Enforcement Staff in compliance of the orders of this Court after holding inquiry into the matter brought to this Court by the complaint makers also submitted the complaints against the respondent in pursuance of the complaints made by the persons whose names appear on the complaints lodged :- ' The lands under Survey Nos, 44, 64/38, 43, 45 min. And 94/74/38 situate in village Kalote, respectively measuring 7 kanals 4 marlas, 4 kanals 9 marlas, 14 kanals 1 marla, 1 kanal 9 marlas and 25 kanals 10 marlas stand allotted to Muhammad Saleem respondent alongwith one Muhammad Shabbir, who is not a party to these complaints, in equal shares. Out of the total area of the said lands, 26 kanals and 64 marlas fall to the share of the respondent as a refugee. This is the correct calculation having been made by me.
2. ' In addition to this allotment the respondent was allotted 32 kanals and 4 marlas under Survey No, 743/520 min. Situate in village Dothan and not only that, but allotment of lands measuring 17 kanals and 16 marlas out of Survey No, 538 measuring 7 kanals 17 marlas, Survey No, 542 measuring 16 kanals 18 marlas and Survey No, 543 min. Measuring 28 kanals 13 marlas situate in village Rawalakote was also made in his favour.
3. ' The written objections were filed to the complaints.
4. Muhammad Saleem respondent as a Government employee was entitled to only 40 kanals of lands but he was allotted 76 kanals and 64 marlase. ' A case against him was brought by one Muhammad Rahim in respect of Survey No, 743/520 min. Measuring 32 kanals and 4 marlas situate in village Dothan against the respondent-allottee before the Rehabilitation Authorities. This allotment from his name was cancelled by a Rehabilitation Authority. Allotment of Survey No, 538 measuring 7 kanals and 17 marlas was also cancelled from his name by a Rehabilitation Authority.
5. Thus allotment of 32 kanals and 4 marks under Survey No, 743/520 min. Situate in village Dothan and 2 kanals 12 marlas and 3 sirsaies out of Survey No, 538 in the name of the respondent was cancelled from his name by the Rehabilitation Authorities. Survey No, 538 as a whole now appears to have been allotted to one Muhammad Arshad Khan. By the aforesaid cancellations, the allotment in the name of the respondent has been reduced to 41 kanals 10 marlas and 14 sirsaies.
6. This is also beyond the prescribed scale by 1 kanal 10 marlas and 1 (1/2) sirsaies. Survey Nos, 743/520 min. Measuring 66 kanals situate in village Dothan stands allotted to one Muhammad.
7. Hafeez and not to Muhammad Saleem respondent. If Muhammad Hafeez is a fictitious person and Muhammad Saleem respondent enjoys the usufruct of this survey number, it shall stand cancelled from his name (Muhammad Saleem) and Rehabilitation Authorities shall be entitled to take its possession from Muhammad Saleem or anybody else having possession on his behalf.
8. In the circumstances above, the land measuring 1 (1/2) kanal 10 marlas and 1 sirsaies from Survey No, 540 situate in village Rawalakote is also cancelled c from his name thereby reducing his allotments to the prescribed scale of 40 kanals. Again it may be noted and observed that Survey Nos, 540 and 543 min. Situate in village Rawalakote also stand allotted to one Kaloo Khan who has put in an application with support of an allotment chit (photostat) before this Court. This allotment in the name of Kaloo Khan precedes the allotment of Muhammad Saleem respondent. It is not for me to adjudicate upon it, that is to say, it cannot be determined by this Court under law as to who is a rightful allottee of this land under Survey Nos, 540 and 543 min. It is for the Rehabilitation Authorities and the Custodian to determine as to who is a rightful allottee entitled to the conferment of the proprietary rights under law when question for conferment of those rights arises before the said authorities. Copies of this order alongwith the copies of an application endorsed by me shall be sent to the Rehabilitation Commissioner and the Custodian for their information etc.