' This is a revision petition filed against order dated 22-11-1988 of the A.C.(R), Bahawalpur Division, Bahawalpur by which he accepted the appeal of the respondent and set aside the orders dated 31-3-1984 and 24-5-1989 of the Assistant Commissioner/Collector, Bahawalpur granting proprietary rights of 1 1-1 /2 acres land to the respondents including Killa Nos.1 and 2 of Sqr. No. 28 situated in Chak No. 129/DWB., Tehsil and District Bahawalpur.
2. Brief facts of the case are that the respondent was granted proprietary rights in State land measuring 80 Kanals comprising Killa Nos. 17 to 24 of Sqr. No. 22 & Killa Nos. 1 and 2 of Sqr.28 situated in Chak No.129/DNB, Tehsil and District Bahawalpur by the Assistant Commissioner/Collector vide his order dated 28-4-1985, under notification dated 3-9-1979 as sub- tenant under a lessee. M. Afaq Ahmad, Assistant Commissioner/Collector vide his orders dated 31- 3-1984 granted proprietary rights to the petitioners in Killa Nos. 1 and 2 of Sqr. No. 28 alongwith other additional land making a total of 11-1/2 acres situated in the same Chak. In this way Killa Nos.1 and 2 of Sqr.No 28 were double granted to both the parties. The respondent filed an appeal against the order dated 31-3-1984 of the Assistant Commissioner/Collector Bahawalpur before the A.C.(R), Bahawalpur Division, Bahawalpur who vide his order dated 22-11-1988 accepted the appeal of the respondent and set aside the order dated 31-3-1984 granting proprietary rights of Killa Nos.1 and 2 of Sqr. No. 28 to the petitioners and that of order dated 24-4-1985 of the Assistant Commissioner/Collector, Bahawalpur by which he granted proprietary rights to the petitioners of the additional rand and thus resumed land from the petitioners in favour of State. Hence this revision petition.
3. I have heard the arguments advanced by the learned counsel for both the parties, and examined the record produced by the Patwari and Colony Clerk in the Court. The contention of the learned counsel for the petitioners is that the petitioners were sub-tenants under the original lessee M. Afaq Shah s/o Mushtaq Ahmad under 10 years leases scheme. The petitioners were granted proprietary rights of Killa No.4 of Sqr. No.28 measuring 8 Kanals on 26-2-1984 by the Assistant Commissioner/Collector, Bahawalpur on basis of actual possession as sub-tenants.
Thereafter proprietary rights of additional land measuring 11-1/2 acres were granted to them as to make the total holding of the petitioners equivalent to a subsistence holding by the Assistant Commissioner/Collector, Bahawalpur vide his order dated 31-3-1984. The learned counsel for the petitioner prayed for setting aside the order dated 22-11-1988 of the A.C.(R), Bahawalpur Division, and restoring the order dated 31-3-1984 of the Assistant Commissioner/Collector, Bahawalpur. The learned counsel for the petitioners further contended that the respondent was a Government servant till the year 1980, therefore he was not entitled to grant of proprietary rights of the impugned State land.
4, The learned counsel for the respondent contended that proprietary rights of additional land 11- 1/2 acres were granted to complete their subsistence holding vide order dated 31-3-1984 of the Assistant Commissioner/Collector, Bahawalpur. These orders were not covered by the instructions contained in Notification dated 3-9-1979. The A.C.(R), Bahawalpur Division, Bahawalpur had therefore rigtly set aside the order dated 31-3-1984 of the Assistant Commissioner/Collector, Bahawalpur. It was also contended that the respondent was a sub-tenant under original lessee M.
Afaq Shah since 1976 and therefore he was rightly granted proprietary rights of State land measuring 80 Kanals on basis of possession in the said Chak including Killa Nos.1 & 2 of Sqr.No.28.
5. There are two points involved in this case. Firstly the actual cultivating possession of the sub- tenants Amir Ahmad etc. Since before Kharif 1977 and secondly whether they were entitled to claim the difference between their actual cultivating possession and the subsistence holding which was subsequently given to them by the Assistant Commissioner under Notification dated 3-9-1979. As regards the first issue, the Assistant Commissioner originally on 26-2-1984 held the petitioners to be the sub-tenants of M. Afaq Shah only in Killa No.4 of Sqr. No. 28 measuring 8 Kanals since before Kharif 1977. Consequently the said order of the Assistant Commissioner granting proprietary rights of area which was with the petitioners since before Kharif 1977 was correct. As regards the second issue there is no provision under Notification dated 3-9-1979 regarding up-grading of any tenancy below subsistence holding to that of a subsistence holding. Actually such a concession is not available in any of the Notifications regarding proprietary rights on basis of the sub-tenancy of State land. Consequently the order dated 31-3-1984 is obviously incorrect and has been rightly set aside by the A.C.(R).
6. The petitioners also claim that they were in actual possession of larger area in Rabi 1977 then granted by the Assistant Commissioner on 26-2-1984. Consequently I called for the Khasra Girdawari for the relevant period and found that petitioners' possession as sub-tenants in Killa Nos.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15/1 is prima-facie available. The respondent however alleged that the entries in the Khasra Girdawari had been changed subsequently. This can be . Challenged before a proper forum but according to the present record, the petitioners are held entitled to the Khasra Nos. In which they have possession as observed above.
7. As regards the case of respondent if he has been in Government service till the year 1980, he was not eligible for regular lease under temporary cultivation scheme or any concession under Notification dated 3-9-1979. However this is a matter which the Collector should initially scrutinize under para-12(c) of Notification dated 3-9-1989 so that further remedies are available to the respondent if necessary.
8. The case of respondent is therefore remanded to the Collector, Bahawalpur for scrutiny under para-12(c) of Notification dated 3-9-1979.