' This is a time-barred revision petition against the order of the Commissioner Sargodha, dated 10- 4-1983, whereby he dismissed the appeal of the petitioner against the order of D. C./Collector Sargodha, dated 17-8-1982, vide which he rejected the application of the petitioner for the grant of proprietary rights of Square No, 20/9 measuring 9 kanals situated in Chak No, 115 Shumali, Tehsil Sargodha which was with him since 1975 on temporary cultivation Scheme on the ground that the land was situated within 10 miles of the Sargodha Cantonment Board.
2. I have heard the learned counsel for the petitioner at length and gone through the grounds of revision. He contended that the land was not within 10 miles of the prohibited limits of Sargodha Cantonment Board. He argued that the Executive Officer of Cantonment Board Sargodha has issued Certificate to this effect and further that the distance was to be measured from the stone of the Cantonment Board fixed in Chak No, 88/N.B. He argued that the lower Court did not appreciate the case correctly. He further argued that when the Notification dated 3-9-1979 was issued, Sargodha was, Municipal Committee and the distance of prohibited zone was to be counted as 5 miles and not ten miles. He argued that the land was not Charagah.
3. I have considered the arguments and perused the record of the case. The proprietary rights were rejected under Notification dated 3-9-1979. The limits of the prohibited zone of Sargodha was to be counted as 5 miles as at that time it was Municipal Committee. The office incorrect-A ly determined the limits of prohibited zone to be 10 miles. The case is, therefore, remanded to the D.
C./Collector for the re-examination of the limits of prohibited zone and whether the land is Charagah Land. n