Facts necessary for the disposal of this petition, briefly stated, are that Munshi Muhammad Elahi petitioner and two other persons, namely, Muhammad Ibrahim and Abdul Ghani were allotted some lands at Khatas Nos. 12, 13 and 14 in village Dhamthal against their pending units. These allotments were later cancelled by the Additional Settlement Commissioner on 17-2-1969 on the ground that the signatures of the confirming Authority were doubtful and forged. Appeal filed against the order of cancellation was dismissed by the Settlement Commissioner and the matter was then brought to this Court in W.P. No. 252/R of 1970. Writ petition was allowed vide order dated 11-6-1975 mainly on the ground that the parties affected were not granted proper opportunity of being heard before the order cancelling their allotments was passed and the order of cancellation dated 17-2-1969 was also ex facie based on hearsay impressions. It did not adjudicate the merits of the case. It was also observed that "even if the allotments were bad, still, the petitioners' case for allotment, being sitting allottees of the estate, deserved attention." The case was accordingly remitted to the Additional Settlement Commissioner concerned for fresh decision in accordance with law.
2. On remand, the matter was placed before the Settlement Officer/ASC(L). Patwari Halqa appeared before the officer and furnished the particulars of the land available for allotment. The `Baqaia' land indicated by the Patwari comprised of 369 Kanals and. 19 Marlas equivalent to 1617 units, 152 Kanals and 1 Marla equivalent to 667 units and 68 Kanals and 2 Marlas equivalent to 300 units. All these `Baqaia' lands with Khasra numbers were noted by the ASC(L) in his order and he observed that the pending units of the petitioner and of two other persons aforementioned who all were sitting allottees could be satisfied out of the said `Baqaia' land. He accordingly by order dated 1---11-1976 permitted the allotments of the said `Baqaia' land to be made to the petitioner and two others and directed the AC/DSC(L) Narowal to implement the order.
3. It appears that the order of the Additional Settlement Commissioner dated 1-11-1976 was implemented qua Muhammad Ibrahim and Abdul Ghani in so far as 369 Kanals and 19 Marlas of land was allotted to Muhammad Ibrahim on 25-2-1977 and 152 Kanals and 1 Marla to Abdul Ghani on 14-9-1977. The order of the Additional Settlement Commissioner in so far as it related to the petitioner, however, remained unimplemented and the land measuring 68 Kanals and 2 Marlas noted in the order of the Additional Settlement Commissioner, which according to the petitioner was ordered to be allotted to him, was put to auction alongwith some other land on 30-6-1979 and it was purchased by Muhammad Iqbal, respondent No. 2 herein. When the petitioner came to know of this auction, he represented against it contending that under the order of the Additional Settlement Commissioner dated 1-11-1976, he was held entitled to the allotment of 68 Kanals and 2 Marlas of land mentioned therein and, therefore, it could not be disposed of through auction.
Petitioner's application was supported by the AC and EAC (R). AC in his report Annex. E recommended the cancellation of the auction. Deputy Commissioner, however, confirmed the auction in favour of the respondent vide order dated 13-8-1983 holding that since the petitioner could not get the order of the Settlement Officer/ASC(L) implemented within time, the land in dispute was rightly put to auction. This order of the Deputy Commissioner/Collector was brought under challenge in the present constitutional petition.
4. I have heard the learned counsel for the parties and have gone through all the relevant documents and the orders. Order of the Additional Settlement Commissioner dated 1-11-1976 (Annex. B) quite clearly held the petitioner and his two co-petitioners in the earlier writ petition entitled to the allotment of `Baqaia' land mentioned therein and in implementation of that order, two parcels of land; one measuring 369 Kanals and 19 Marlas and the other measuring 152 Kanals and 1 Marla, were allotted to Muhammad Ibrahim and Abdul Ghani respectively against their pending unsatisfied units. Refer `Robkars' Annex. C & D. Third block of land measuring 68 Kanals and 2 Marlas which should have been allotted to the petitioner as it was his entitlement under the order of the Additional Settlement Commissioner was not allotted to him and instead it was put to auction. This was clearly illegal. The land in dispute after the order of the Additional S.C. Dated 1-11- 1976 was not available for auction as the petitioner was held entitled to it by the said order. It was the obligation of the A.C./DSC(L) to implement the order of the Additional S.C. And if the A.C. Failed in his duty and the order remained unimplemented qua the petitioner, the latter could not be deprived of his right/entitlement to get the land in dispute.
5. In the aforesaid view of the matter, the auctioning of the land in dispute and the order of the Deputy Commissioner confirming the auction in favour of the respondent cannot be sustained and the same is declared to be without lawful authority and of no legal effect. This writ petition is accordingly allowed with the direction that respondent No. 1 shall ensure compliance of the order of the Additional Settlement Commissioner dated 1-11-1976 so as to allot the land in dispute measuring 68 Kanals and 2 Marlas mentioned in the said order to the petitioner. There will be no order as to costs.