' This is a revision petition against the orders of the Commissioner, Multan Division, Multan, dated 27-7-1987 whereby he modified the orders of the DC/Collector Khanewal dated 28-4-1986 to the extent that District Remount Officer, Sahiwal shall examine the merits of the heirs of tke deceased breeder alongwith other applicants who may apply for allotment of Horse Breeding Tenancy in Chak No,5/9-R, Tehsil Mian Channu, District Khanewal.
2. I have heard the petitioners through their respective counsel, and seen the record. Briefly position is that Mehar Sher Muhammad the previous allottee of Horse Breeding Tenancy, in Chak No,5/9-R died -and his heirs applied for grant of the Horse Breeding Tenancy. DC/Collector Sahiwal vide orders dated 28-4-1986 asked the District Remount Officer, Sahiwal to consider the suitability of the heirs for succeeding to the tenancy. In appeal against this order the learned Commissioner observed that the District Remount Officer could not declare the heirs of the deceased Horse Breeder to be disqualified on account of bad record of their predecessor-in-interest nor the DC/Collector could ask the District Remount Officer to consider the claim of only the legal heirs of the original lessee, when he was not a good breeder. Therefore he modified the orders of the DC/Collector. Hence this revision.
3. I agree with the learned Commissioner. It is settled law that Horse Breeding Tenancy is not inheritable and the DC/Collector is not bound to accept the recommendations of the District Remount Officer. In such cases specially where the previous tenant was not considered to be a good breeder it is equitable to invite fresh applications and then make selection after' considering the report of D.R.O. So as to ensure good performance of the next tenant in the A public interest.
However, this does not mean that the heirs of the deceased tenant would not be considered. It is for the District Remount Officer/DC/Collector to Judge their suitability for being selected as tenants.
The DC/Collector is therefore directed to take up the case of the impugned tenancy after considering the recommendations of the District Remount Officer who will consider the merits/demerits of all applicants including the heirs of the tenant.