This judgment shall dispose of Constitutional Petitions Nos. 936-R of 1980, 126-R and 554-8 of 1981.
2. Writ Petitions No. 936-R of 1980 and 126-R of - 1981 are directed against order dated 28-12-1978 of the Chief Settlement Commissioner, cancelling an area of 46 Kanals, 5 Marlas from the name of respondent No.5, original allottee, on ground of fraud and misrepresentation. Petitioners claim to be the n fide purchasers of the disputed land.
3. It emerges from the record that Malik Muhammad Aslam and others, informers, filed a Mukhbari application under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958 against Muhammad Mueen-ud-Din Khan for the cancellation allotment of land measuring 46 Kanals, 5 Marlas at Khata No. 59 Register R.L.-II of Mouza Garjakh, Gujranwala. It was alleged that the aforementioned persons was not in existence and, therefore, allotment was obtained by fabricating the record and fraudulently. The statement of Patwari was recorded and notices were also issued to the purchasers who did not attend the Court in spite of publication in the newspaper.
Consequently they were proceeded ex parte .
4. Claim Form No. 552/DG/11678/17, as against which the allotment was made, was transmitted to the Central Record Office for verification but this could not be done as the material particulars of the allottee regarding his previous village, Tehsil and District were not forthcoming. The learned Chief Settlement Commissioner observed that these particulars were also not shown in the khata of allotment and from this he inferred that the claim was bogus and consequently cancelled the allotment at Khata No. 59, Khasra Nos. 1030/1, 1031, 1033, 1034, 1035/1, 1045 and 1046 Mouza Garjakh, Gujranwala.
5. It' is correct that the claimants must furnish full particulars of the village, Tehsil and District where they abandoned the land in India and without which neither any allotment can be made nor any khata settled. In this particular case the Central Record Office obviously could not verify the claim of the claimant without the necessary details nor these were available at Khata No. 59 allotting the aforementioned land in favour of original allottee, Muhammad Mueen-ud-Din of Karachi respondent No.5. Petitioners were summoned but they did not appear before the Chief Settlement Commissioner who cancelled the, disputed land by impugned order dated 28-12-1978.
6. I have asked the learned counsel for the Petitioners to produce any document showing the claim of the original allottee as genuine but he was unable to do so. A photostat copy of the R.L: II, Khata No. 59 is placed on the file where the number of Claim Form is 552/DG/11678/17 in the name of Muhammad Mueen-ud-Din Khan, s/o Karim Khan, caste Pathan r/o Karachi but the Column No. 4 of R.L: II regarding village, Tehsil and District is blank. It appears that some general attorney accepted the allotment of aforementioned khasra numbers by order dated 9-6-1960 of the D.S.C.
(L). There is a reference regarding the transfer of units but without any details as to the place from where these were transferred. The total units calculated on the Khata are 378 but this could not be done unless there is a reference to the ownership of the land and its classification, abandoned in India. In view of this learned Chief Settlement Commissioner was legally justified in cancelling the disputed land from the name of respondent No.5.
7. The impugned order dated 28-12-1978 was passed at the instance of Malik Muhammad Aslam and one other, informers, but they were not recognized as such having absented from the proceedings. Subsequently they filed Writ Petition No. 515-R-79 decided on 30-9-1979 and the case was remanded. In pursuance of this the Addl. Settlement Commissioner (L), Board of Revenue, Lahore vide order dated 4-12-1980 recognized respondent No.3 Muhammad Aslam and respondent No.4 Khan Baz as informers in the case.
8. In the third W.P. No. 554-R/81, the order dated 22-9-1976 of the Chief Settlement Commissioner has been challenged cancelling the allotment from the names of Khurshid Ahmad and others made on 29-6-1966 at Khata No.61, R.L: II, Mouza Garjakh, Gujranwala measuring 70 Kanals, 1 Marla., Khasra Nos. 1010, 1016 to 2024, 1023/1015, 1009/1, 1009/2. The aforementioned land was allotted on Claim Form No. 366/515 of the original allottees. Before passing the impugned order, Patwari was summoned and record was also examined but no such claim form or any entitlement certificate was forthcoming. The matter was also referred to the Central Record Office and they submitted the report in the negative. On the basis of this the Chief Settlement Commissioner held the allotment as fabricated and fraudulent.
9.I have asked the learned counsel for the petitioner to place on record any document showing the claim of the original allottees as genuine but he was unable to do so.
In view of above the Chief Settlement Commissioner was legally justified in cancelling the land from the names of the original allottees.
10. In all the three petitions Malik Muhammad Aslam and Khan Baz are the informers and it is the settled law that they have the first right of allotment subject to eligibility. In case, however, any land is available after adjusting their claims, the case of the Petitioners in all three petitions may be considered by the Notified Officer.
For the foregoing reasons all the three petitions are dismissed with no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.