This Constitutional petition assails the order dated 2-11-1988 passed by Member (Colonies), Board of Revenue, Punjab whereby while accepting the revision petition of respondent No,4, he remanded the matter to the Deputy Commissioner/Collector, Toba Tek Singh for reconsideration.
2. The dispute relates to State land measuring 28 Kanals 2 Marlas, situate in Chak No,294/J.B., Tehsil and District Toba Tek Singh which had been allotted to the petitioner under the Ejected Tenants Scheme in the year 1956. He applied for the grant of proprietary rights to the Collector, Toba Tek Singh. During the course of these proceedings, Muhammad Shari, respondent No,4, herein filed an application alleging that the allotment had been obtained by the petitioner by fraud and misrepresentation and, therefore, it be cancelled and the land be allotted to him. This complaint of respondent No,4 was found to be baseless by the Collector who granted proprietary rights to the petitioner. The respondent No,4 filed an appeal which was dismissed by the Additional Commissioner, but as already indicated, on a revision filed by Muhammad Shafi, respondent No,4, the case was remanded to the Collector.
3. During the course of hearing of this Constitutional petition, respondent No,4 entered into a compromise with the petitioner and made a statement on 19-4-1989 that he has no objection if the writ petition was accepted. The learned Additional Advocate-General who appeared on behalf of respondents Nos.1 to 3 stated that in view of this agreement between the parties, it was in the interest of justice that after setting aside the impugned order, the matter be remanded to the Member (Colonies), Board of Revenue for reconsideration in the light of this development.
' In view of what has been stated above, this Constitutional petition is accepted, the impugned order dated 2-11-1988 is declared to be without lawful authority and of no legal effect, and the case is remanded to the Member (Colonies), Board of Revenue for its reconsideration. There shall be no order as to costs.