' This is a revision petition against the orders of the Commissioner, Multan Division, Multan dated 9- 2-1987 whereby he upheld the orders of the District Collector, Vehari allotting 46 kanals of State land in Chak No,171/WB, Tehsil Mailsi, District Vehari, leased out to the petitioner, to the respondent under Islamabad Oustees Scheme.
2. I have heard the petitioner as well as respondent through their counsel and seen the record. The petitioner was leased out 46 kanals of State agricultural land in Chak No,171/WB, Tehsil Mailsi in 1971 under the 15 Years Lease Scheme. He applied for grant of proprietary rights under Notification dated 3-9-1979 which were given to him by the Assistant Commissioner/Collector Mailsi. However in the meantime the District Collector, Vehari on the basis of the Schedule for Islamabad Oustees allotted the disputed land to the respondent under the said Scheme. The Commissioner, Multan Division in appeal held that the land being already included in the permanent scheme the petitioner was not entitled to grant of its proprietary rights. He therefore dismissed the same. Hence this revision petition.
3.. The record has been perused and it is apparent therefrom that the impugned land was included in the Schedule of Islamabad Oustees in 1969.. Consequently the said land was not available for grant of proprietary rights under notification dated 3-9-1979, as such rights under the said notification accrue only from the date of issue of notification i.e, 3-9-1979. In the circumstances I find nothing wrong with the orders of/the Commissioner and the petition is rejected. However in view of the previous history of the case the petitioner can approach the AC/Collector Mailsi who may consider him for grant of temporary lease of other available State land under the current policy.