' The petitioner claims to be a Lambardar of Chak No, 186 Tehsil and District Faisalabad. He was allotted land on lease under the Pedigree Live Stock Scheme on 3rd of April, 1971. This allotment of the petitioner was challenged by respondent No,3 by filing an appeal before the Commissioner who accepted it on the ground that the land being situated within the prescribed limits could not have been allotted to the petitioner. He on 15th June, 1971 cancelled the allotment in favour of the petitioner and directed that he be allotted some other land not falling within the prescribed limits.
This order was assailed by the petitioner by filing a revision which was dismissed by the Member, Board of Revenue on 8th September, 1971. Hence this petition.
2. The arguments of the learned counsel for the petitioner have been heard. No one has appeared for the respondents. The learned counsel for the petitioner has relied upon Notification No,1838- 71/1721-CV, dated 12th May, 1971 in which it has been stated that the ban on allotment of State land situated within one mile of the Municipal Limits was not applicable in the cases of Lambardars. On the strength of this notification, it is asserted that the allotment made to the petitioner who is a Lambardar could not have been cancelled on this ground.
3. From a perusal of the orders passed by the Commissioner and the Board of Revenue, it is evident that this aspect of the matter was not considered by them nor any finding was recorded in this respect. It thus appears to be just and proper that the case be remanded to the Member, Board of Revenue to consider the same in the light of the notification mentioned above. For the reasons aforesaid the impugned order of the Board of Revenue is declared to be without lawful authority and of no legal effect with the result that the revision filed by the petitioner shall be deemed to be pending before Member, Board of Revenue and shall be decided afresh.