SAAD SAOOD JAN, J.---The petitioner had obtained about 198 Kanals of State land under Bara Reclamation Scheme. On compliance with the terms of the grant, he became entitled to receive proprietary rights in half of the land. He asked for the Northern half of the land for himself. His claim was rejected by the Collector who elected to transfer the Southern half to him. He filed a civil suit.
The trial Court decreed the suit but in appeal it was dismissed by the Additional District Judge. He filed a revision petition in the High Court but it failed. He now seeks leave to appeal from this Court.
2. Under the terms of the grant the Government had the choice to pick up the moiety which it would keep and that it would transfer to the tenant. The petitioner was unable to show that the Collector who exercised the option on behalf of the Government had at any time agreed to give the Northen portion to him. The documents upon which he relies as well as the statements of the witnesses which he produced in support of his case merely refer to certain recommendations made by the Reclamation Department which, of course, was not empowered to make the choice on behalf of the Government. The Additional District Judge was therefore right in dismissing the suit.
3. The petitioner states that under the instructions of the Board of Revenue he could be permitted to purchase even the Government's share also. If that is so, he may, if so advised, approach the competent authority in this regard. With these observations this petition is dismissed.