This revision petition is directed under section 13 of the Consolidation of Holdings Ordinance, 1960, against the order dated 24-2-1987 of the Additional Commissioner (Cons.), Sargodha Division, whereby he accepted the appeal of the petitioners.
2. Brief facts of the case are that the Consolidation Scheme of the revenue estate Chak No. 196/G.B.
Was confirmed under section 10(3) of the Consolidation of Holdings Ordinance, 1960, by the Consolidation Officer on 31-12-1985. Both the parties filed separate appeals against each other in the Court of the Collector (Cons.) contending that they may be allocated their previous land but the Collector (Cons.) made the Khata of the parties joint vide his order dated 21-8-1986. The petitioners challenged this order in the Court of the Additional Commissioner (Cons), who, vide his impugned order, accepted the same and restored the original consolidation scheme. The contention of the petitioners before the Additional Commissioner (Cons.) was that the petitioners were widows and, therefore, their Khatas may be separated along the lines of previous possession.
Hence this revision petition.
3.The learned counsel for the petitioners has contended that the petitioners being a widow and her three daughters, were entitled to a separate Khata of their own in consolidation proceedings but both the Collector and the Additional Commissioner (Cons.) had included some of the respondents as co-sharers in their scheme. Further, that the petitioners' valuable land, which was in their possession, had been wrongly given to the respondents and both the learned A.D.C./Collector (Cons.) and the Additional Commissioner did not consider petitioners' prayer regarding allotment of inferior land during the consolidation proceedings, although the learned Additional Commissioner (Cons.) had held that separation of Khata was correctly and legally made.
4. During the course of arguments the respondents stated that even they did not want to retain a joint Khata because there was alleged enmity between Mafia and Murad respondents due to murder cases.
5.I have considered the arguments and perused the case record and the record and sketch map prepared by the Patwari. According to Khatauni Ishtimal the petitioners and respondents had a joint Khata No. 23/20 measuring A 433 K, 1 M in which the petitioners' share worked out to be 140 K, 17 M. In the Consolidation Scheme No. 87/85 the petitioners' Khata was separated as was Mafia's at No. 88/86 and Sultan, Sher Ahmad etc., at 85/84. Thus, no objection to the separation of Khatas seems to have been raised by the parties at the time of confirmation of the scheme. However, the petitioners were not satisfied with the land included in their WANDA as is evident from the revision filed before the Additional Commissioner and their plea for creation of Khata along line of previous possession, does not seem to have received attention from either Court. The revision, therefore, succeeds and the case is remanded to the ADC/Collector (Cons.), Jhang for separation of Khatas along the lines of respective previous possession after hearing the relevant parties. The impugned order is modified to this extent.