FAZL-I-MAHMOODJ.-This writ petition has been filed by a person claiming to be a Jammu and Kashmir refugee on the grievance that land allotted to him by the Deputy Rehabilitation Commissioner, Gujranwala, had been subsequently allotted to the respondents without first cancelling his earlier allotment of 1962.
2. I have heard the learned counsel for the petitioner and the private respondents. The Naib Tehsildar Wazirabad Abdul Rahim Ghumman, accompanied by Adbul Hamid, Patwari Ahmedpur, are present with the record.
3 . As per Annexure 'A', the petitioner was allegedly proposed an area of 63-kanals comprising eighty blocks and bearing Khasra numbers 2420,484, 2423, 2533, 3238. 1866-Min, 1164 and 1167, in the year 1962, the veracity of which needs to be ascertained. However, this copy further shows that this order was confirmed in favour of Ilam Din son of Fateh Mohammad, petitioner by Deputy Settlement Commissioner Gujranwala/Revenue Assistant. In respect of this area there is a discrepancy in so far as the proposal was with respect to Khasra No.3238, but in the confirmation the same is shown as 3438. Khasra No.3428 was allotted way back in 1954 to the East Punjab claimants/displaced persons and thus was not available for allotment to the petitioner. Khasra No.3238, however, is a parcel of land bearing 1-kanal 19-Marlas and its classification is shown as "Ghair Maroosi Non-Muslim Area".
4. Khasra Nos. 2420 and 2423, as per Revenue record were allotted to Muhammad Siddique in the year 1954. Khasra No.l866-Min measuring 4-Kanals was allotted to Chanan, respondent No.7 at RL - II Khata No.134 in the year 1954. Khasra No.2533, 11-Kanals (4-Marlas) was allotted on 18.6.1964 to respondent No.6, at RL-II, Khata No.96 of the same village, Mauza Ahmad Nagar, Tehsil and District Wazirabad, against claim from East Punjab Khasra No.484 (8 Kanals) was allotted to respondent No.5 Niaz Muhammad in the year 1954, at RL-II Khata No.454 of the same village. This brings me to Khasra Nos.1164 and 1167. The revenue staff after checking the record informs that this is 'Khata Deh' of Muslims and Non-Muslims comprising 773-Kanals out of which the evacuee share is l/4th whereas muslim share is 3/4th.
5 The perusal of Annexure C/l of the writ petition dated 15th August 1954 shows that the petitioner was sent a communication by the Liaison Officer, Ministry of Kashmir Affairs, Government of Pakistan, to the effect that he should supply a copy of the 'parchi' allotment in respect of land to the aforesaid Officer so that appropriate action can be taken in the matter. Three is another letter Annexure 'B' purporting to be from Liaison Officer, Ministry of Kashmir Affairs, Shahzada Kothi, Rawalpindi, addressed to the petitioner which is to the effect that the Deputy Commissioner Gujranwala had informed the department that the land of the petitioner had come under double allotment and secondly, necessary orders for alternative land had been issued. He was, accordingly, required to establish contact with the Revenue Department in this respect.
6. In the light of these facts which emerge at the hearing, it appears that the petitioner has no case against the private respondents, In so far as the East Punjab allottees are concerned, they were allotted this land in the year 1954 when the petitioner was nowhere in the picture. The land was thus not available for allotment to refugee of Jammu and Kashmir. Any re-allotment of agricultural land which was already allotted to the East Punjab claimant/refugees was thus without jurisdiction. It is settled law that land already allotted without first cancelling such allotment through a legal course and proceedings cannot be reallotted to anyother person including a Jammu & Kashmir claimant.
In so far as the case of Siddique respondent No.4, is concerned, all the Annexure which have been referred to clearly show that the alleged original allotment did not subsist because it had come under double allotment. An order had been issued for grant of alternative allotment to the petitioner as per Annexure 'DV Therefore, any proposal or allotment made as per Annexure 'A' did not subsist. Allotment in favour of Muhammad Siddique, respondent No.4, was given effect in the jamabandi for the year 1954, whereas, the petitioner figures nowhere in the revenue record so far.
There is some land available for allotment, such as Khasra No.3238 bearing 1-Kanal 19 Mis. Of the description of "ghair maroosi non- muslims". There is also Khasra No.1164 and 1167 which, as already noticed above, being a joint khata of Muslims and non-muslims, as per statement made by the Department Officers has still not been partitioned. Suchlike Khatas, as per law, had to be partitioned and the evacuee area had to be separated from the muslim area. When that is done, it may become available for allotment or be disposed of in accordance with law as available evacuee area. Let this now be done as per law.
7. As to what alternative land was to be given to the petitioner is shrouded in mystery as per annexures which have been filed with the writ petition. Learned counsel for the petitioner is unable to show as to what land was ordered to be given to hint in lieu of the land earlier allotted to him. In so far as the question of allotment of alternate land to the petitioner is concerned, the case is remanded to the Member, Board of Revenue (S&R) for fresh disposal in accordance with law and in the light of observations made in this judgment. The Notified Officer shall hold proceeding to satisfy himself whether or not the documents being relied upon by the petitioner are genuine and as to what was the true state of facts in respect of any allotment claimed by him and alleged to have been made in his favour by the Ministry of Kashmir Affairs. He shall also summon the Liaison Officer, Ministry of Kashmir Affairs, to produce the record and the file and examine the authenticity of the documents which have been appended with the writ petition. In case petitioner's allotment is found genuine, he may be afforded relief in accordance with law on the basis of facts which may be found as a result of enquiry. The matter shall be disposed of in next three months. The writ petition is accepted in the above terms and to the stated extent. There shall be no order as to costs.