' This order will dispose of Writ Petitions Nos. 1864-R of 1976 and 76-R/82 as these concern the same dispute.
2, An Evacuee Registered Industrial concern, Rai Cold Storage, Sialkot was initially transferred in favour of one Muhammad Yaqub by the Chief Settlement & Rehabilitation Commissioner, vide order dated 2-5-1960, memo. Dated 10-5-1960. For payment of transfer price he surrendered his rights in favour of the petitioner Mst. Ghazala Nazli. Transfer price having been paid the permanent document of transfer i.e. Transfer Order was issued in favour of the petitioner on 2-4-1974. A part of the industrial concern bearing Khasra No. 662/275 measuring 4 Kanals 15 Marlas and Khasra No.663/275 measuring 1 Kanal 18 Marlas, was allotted in favour of Allah Rakha and Munshi, respondent No.1 in the first petition on 8-2-1971. Learned counsel appearing for the petitioner and Allah Rakha and Munshi state that their clients have entered into a compromise to the effect that the said Khasra numbers having earlier been transferred to the writ petitioner were not available for allotment to them (Allah Rakha and Munshi) and, therefore, the latter have surrendered the aforementioned Khasra numbers in favour of the writ petitioner. The learned counsel for the aforesaid two states that for the released units, the respondent Allah Rakha and Munshi will seek allotment from the Settlement Department. They may do so. As far as the dispute inter-parties is concerned, that is to say between the writ petitioner on the one hand and Allah Rakha and Munshi on the other, the two above-mentioned Khasra numbers shall stand transferred and restored in favour of the writ petitioner.
3. The dispute now relates to Khasra No. 663/275 measuring 10 Kanals only. Contention of the learned counsel for the petitioner is that according to the Jamabandi for the year 1942-43 (Annexure and the Special Jamabandi for the year 1946-47 (Annex 'F') this Khasra No.663/275 measured 14 Kanals and was entered as Ghair Mumkin Karkhana in the said Jamabandis. This was transferred to the petitioner as an industrial concern vide Transfer Order dated 2-7-1974 as mentioned in Schedule 'A'. The contention of the learned counsel for the petitoner is that the Khasra. No.663/275 on which the industrial concern was situated according to the Jamabandi for the year 1942-43 and Special Jamabandi for the year 1946-47 and having been transferred as an industrial concern to the petitioner it could not have been allotted as agricultural land to anybody else. It was once got allotted by Khan Ziaullah Khan and Khan Ataullah Khan, respondent No. 2 in the first petition but from their names it was cancelled and then allotted in favour of Jamil Muhammad Khan alias Muhammad Jamil Khan, respondent No.1 in the second petition. Learned counsel for the petitioner submitted that the allotment in favour of Muhammad Jamil Khan dated 10-1-1977 is stated to be in pursuance of an order of Mr. Anees Nagi, Settlement Commissioner (L), Lahore dated 27-12-1976 but there is no order of Mr. Anees Nagi on the record as reported on the application for copy whereupon it has been endorsed that there is an order but it is not signed by the Officer. This is also supported by an affidavit of a person who had gone with an Official to Mr. Anees Nagi and the latter had said that he had not passed that order. In reply to this, the learned counsel appearing for Muhammad Jamil Khan has stated that Mr. Anees Nagi had passed the order dated 27-12-1976 in pursuance of which the allotment was made to Muhammad Jamil Khan on 10-1-1977 and the proof of the fact that Mr. Anees Nagi had passed the order is that the same was challenged by Khan Ziaullah and Ataullah Khan, respondent No.2 in the first petition, by means of Writ Petition No. 619-R/77 alongwith which a certified copy of the order of Mr. Anees Nagi was annexed. The writ petition stands disposed of. The record of the said writ petitin was called for and there is a certified copy of Mr. Anees Nagi's order annexed as 'G' with the said petition. It may be noted that the certified copy bears the signatures of Mr. M. Anees Nagi although on the certified copy the signatures of the Officer passing the order are not generally there and it is only stated Sd/- i.e, signed. Leaving all this aside, whether Mr. Anees Nagi had passed this or not, the question remains whether the area of Khasra No. 663/275 was available for allotment as agricultural land in favour of Muhammad Jamil Khan. It may be recaptulated that Khasra number has been transferred as industrial concern to the petitioner vide Transfer Order dated 2-4-1974. The petitioner was undisputedly not a party to the order passed by Mr. Anees Nagi on 27-12-1976.
Therefore, this order will not have any effect on the rights of the petitioner. Secondly, the area in question was transferred to the petitioner as an industrial concern on the basis of the Jamabandi for the year 1942-43 and the Special Jamabandi for the year 1946-47. The law is that whatever was the nature of the land at the time of Independence as mentioned in the Special Jamabandi for the year 1946-47, that will be the criteria for the transfer of the land. Since the Special Jamabandi the area is shown as industrial concern and has aslo been so transferred in favour of the petitioner, there was no question of its being allotted as agricultural land to either Khan Ziaullah Khan and Khan Ataullah Khan, or, to Muhammad Jamil Khan, The allotment of the area as agricultural land in favour of the latter was void altogether. Star contention raised by the learned counsel for Muhammad Jamil khan was that the petition against the latter bearing No. 76-R/82 suffers from laches. It may be noted that when it transpired that this Khasra No. 663/275 had been allotted to Khan Ziaullah Khan and Khan Ataullah Khan, the petitioner filed Writ Petition No. 1864-R/76. That petition was admitted on 17-1-1977 and it was directed that "status quo shall be maintained meanwhile". In this writ petition the writ petitioner had challenged the allotment in favour of Allah Rakha and Munshi, about whom something has already been said, and against Khan Ziaullah Khan and Khan Ata Ullah Khan. During the pendency of the writ petition, it came to light that the area allotted to the latter has since been cancelled and allotted to Muhammad Jamil Khan. An enquiry was made as to how the area had been allotted to Muhammad Jamil Khan when the same had earlier been allotted to Khan Ziaullah Khan and Khan Ataullah Khan and against whom the petitioner has filed the writ petition. After enquiry it transpired that the allotment had been made in favour of Muhammad Jamil Khan in pursuance of the order of Mr. Nagi about which something has already been said. Soon thereafter learned counsel for the petitioner states that the writ petition was filed in view of the fact that in the presence of transfer of the industrial concern, how could the area be allotted at agricultural land and the allotment in favour of Muhammad Jamil Khan was made behind the back and without notice to the petitioner to whom the rights had vested under the Transfer Order. The allotment in favour of Muhammad Jamil Khan was void altogether.
4. In view of the fact that the property was an industrial concern as shown in the Special Jamabandi and stood transferred as such vide Transfer Order dated 2-4-1974, its allotment as agricultural land on 10-1-1977 behind the back of the transferee was void altogether. In the circumstances noted above as well the question of laches does not arise. Therefore, for the foregoing reasons the writ petitions are allowed. The petitioner is entitled to remain in possession of the Khasra No. 660/275 transferred to her as an industrial concern. However, in the circumstances, the parties are left to bear their own costs.