1. ' It is not necessary to give details of the whole case. It is enough to say that the learned Member (Colonies) Board of Revenue on 6-12-1990 directed that the land in question will be re-auctioned after due publicity in the Chak after Rabi, 1991. The petitioners have questioned the vires of the aforesaid order by means of this Constitutional petition praying that before the land is actually auctioned, possession thereof should not be given to the respondents. The case of he petitioners is that the land in question is already in their cultivating possession. Noor Muhammad Lambardar and Akber Ali, petitioners are present in person. They have stated before the Court that they have sown wheat and atala crops over the land in question. The revenue official with record is present.
2. He states that as per his record the land is lying vacant. Both the parties do not dispute the fact of re-auction of the land in question. The dispute is only with respect to the delivery of possession. The Deputy Commissioner shall go ahead with the schedule already announced by the learned Member Board of Revenue regarding disposal of the land by means of a public auction. He will also determine the fact of possession of the land in question. If he comes to the conclusion that the petitioners are in the cultivating possession of the land in dispute, and if ultimately, they succeed in the auction their possession shall not be disturbed. However, if he comes to the conclusion that the petitioners are not in possession of the land and that the same is vacant, then of course possession thereof shall be given to the petitioners in case they succeed in the auction. With these observations, this petition stands disposed of.