' This revision petition has been filed against the order, dated 18-8-1980 of Additional Commissioner (Revenue), Sargodha by which he dismissed the ,appeal of the petitioner and upheld the order, dated 17.5-1980 of Collector, Jhang maintaining the allotment of the respondent under Ejected Tenants Scheme with the direction that he should cultivate the land himself within a period of three months.
2. Briefly, some State land was allotted to the respondent under Ejected Tenants Scheme. The petitioner who was in cultivating possession of the land applied that since the respondent was not fulfilling the mandatory condition of self-cultivation, the land in question should be allotted to him as sitting tenant according to Government policy instructions: The Deputy Commissioner; Collector rejected the request of the petitioner and maintained in the allotment of the respondent with the following observations :- "The land in dispute is being cultivated through tenants and the allottee has committed a breach of condition. The breach is, however, capable for rectification. He is fined Rs 100 and directed to cultivate the land himself within a period of three months i,e, during next crop."
' The petitioner filed an appeal against this order which was rejected by the Additional Commissioner (Revenue) with the following observations :- "The appellant is not an aggrieved party as the matter is between the State and the allottee. 1, therefore find that the appellant has no locus standi to come in appeal against the impugned order. The appeal is accordingly dismissed.
' Hence this revision petition.
3. I have heard the learned counsel for the parties at length and have also gone through the impugned order. Admittedly, the respondent had violated the mandatory condition of self- cultivation and even though the Collector had allowed him to rectify the default within a period of three months, but practically it would not be possible for him to do so without having first got the petitioner rejected from the land in due process of law. It has been pointed out that at the time of allotment the respondent owned 40 Kanals 9 Marlas of proprietary land in village Chadhar, Tehsil Toba Tek Singh and also 43 Kanals 6 Marlas in another village in Shorkot tehsil. A Under the conditions a tenant owning more than three Acres of proprietary land was not eligible to get an allotment under the Ejected Tenants Scheme. His allotment was, therefore, void ab initio. As for the petitioner's claim, he was not a regular tenant of the Government and as such was not entitled to claim the land under Government Notification, dated 3-9-1979.
4. In view of the above, the revision petition is allowed to the extent that the land in dispute be cancelled from the name of the respondent and his possession resumed in favour of the State for disposal in accordance with the existing policy instructions of the Government.