' This revision petition under section 13 of the Consolidation of Holdings Ordinance, 1960, is directed against the order of the Additional Commissioner (Cons.), Lahore dated 4-1-1982 whereby the order of the Collector (Cons.), Gujranwala, dated 10-8-1981 making certain amendments in the Khatas of the parties, was upheld and the appeal of the petitioner dismissed.
2. Briefly, the consolidation scheme of village Rasool Nagar, Tehsil Wazirabad, District Gujranwala, was confirmed by the Assistant Consolidation Officer on 31-12-1976. In 1978 Muhammad Aslam respondent No, 1 filed a time-barred appeal against respondents Nos. 5 to 18 before the Collector (Cons.) inter alia, on the ground that the area allotted to him under Jammu and Kashmir Refugees Rehabilitation and Settlement Scheme had been. Taken away from him and included in the Wandas of the respondents i and in lieu thereof he had been given Banjar and waste land. The Collector (Cons.) accepted the appeal vide his order, dated 21-1-1980 and remanded the case to the Consolidation Officer with the direction that fresh Wandas be prepared with the concurrence of the parties and in case no such concurrence was forthcoming, then appropriate proposals be submitted to him for approval, within 15 days. The Consolidation Officer, thereupon, drew up fresh proposals in respect of the Wandas of the parties as also the Wanda of the present petitioner who was not a party to the remand proceedings before him and submitted the same to the Collector (Cons.), who, in turn, amended the Wandas of the parties including the Wandas of the petitioner, vide his order, dated 10-8-1981.
Feeling aggrieved by this order, the petitioner filed an appeal before the Additional Commissioner (Cons.), Lahore, but failed on 4-1-1982. Hence this revision petition.
3. The main contentions raised by the petitioner are:-
(1) that the appeal filed by Muhammad Aslam respondent before the Collector (Cons.) was hopelessly time-barred;
(ii) that the petitioner was not a party to the appeal before the Collector (Cons.), when he passed his remand order, dated 21-1-1980 calling for fresh proposals nor he was served with any notice when subsequent order, dated 10-8-1981 affecting his Wanda was passed; and
(iii) that his valuable land comprising Khasras Nos. 5202, 5215, 5216, 5218, 5229, 5230, 5231, 5232, 5233, 5234, 5235, 5246, 5247 and 5248 measuring 88 Kanals, 7 Marlas which was duly confirmed to him in a consented scheme, and which he had already developed by installing a tubewell and raising constructions thereon could not be competently withdrawn from him after 5 years of its confirmation to him.
4. The cae of the respondents is that the land in disnute having already been allotted to them under the Jammu and Kashmir Refugees Rehabilitation and Settlement Scheme could not be given to the petitioner in consolidation. Therefore, it has rightly been withdrawn from him and included in their Wandas and in lieu thereof the petitioner has been accommodated on his own pre-possessed land.
5. After having heard the parties through their counsel at length and on persuing the record with care, I find that no appeal was ever filed against the petitioner calling in question the confirmation of the disputed Khasra numbers to him in consolidation. Nor the Collector (Cons.) in his remand order, dated 21-1-1980 had authorised the Consolidation Officer to draw up proposals about the Wandas of any right-holders other than the parties to the proceedings. As such the proposals drawn up by the Consolidation Officer and also the order of the Collector (Cons.), dated 10-8-1981 passed on the basis of such proposals, affecting after 5 years of the confirmation of the consolidation scheme, the Wands of the petitioner without giving him proper opportunity of being heard, were without lawful authority and, therefore, void and of no legal effect.
6. Even on merits I find that the respondents having been never in possession of the disputed Khasra numbers had no better claim over them and were, therefore, not entitled to object to their transfer in consolidation to the petitioner in view of section 6 of the Consolidation of Holdings'
Ordinance, 1960.
7. Consequently I would allow this revision petition, set aside the order of the Collector (Cons.), dated 10-8-1981 as also the order of the Additional Commissioner (Cons.), dated 4-1-1982 affirming the said order in appeal and direct that the Khasra numbers as originally given to the petitioner in consolidation, dated 31-12-1976 be restored to him. Resultantly the respondents and their co- sharers will move to the following Khasra numbers.
(3K, 8M), 5194-96 5200 (2K, OM), 5201 7125-26/5176 (4K), 5168 (1K), 5191-92 5189 (7K, 8M), 7129-30/5190 (7K, 8M), 5193 (4K, 2M), 5197 (1K, 6M), 5198 (2K, 6M), (4K), 7131-32/5207 (6K), 5208 (2K), 5177 (4K), 5178-79 (8K), 5199 (2K), 2357 (8K), 51 0 (2K), (3K, 14M) totalling 72 Kanals, 12 Marlas of land.
8. These amendments be implemented through mutations in the revenue record and the parties be placed in possession subject, of course, to vacation of the status quo order said to have been issued by the High Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.