The petitioner, a displaced person, applied to the Settlement Authorities for allotment of some land against his verified entitlement. According to him, land worth 6402 PI Units in all was allotted in his name. Out of the said allotment area with 588 PI Units was confirmed in Mauza Amar Sidhu.
The Revenue Authorities incorporated the name of the petitioner in the column of cultivation, showing the Central Government as owner in the record. Subsequently, the Board of Revenue, issued Notification No.1127-85/PS/MBR(R) dated 3-9-1985,. to the effect that the names of "Muslim claimants who were allotted evacuee land, either held as Dakhilkars or as mortgagors by the evacuees", should be shown under the ownership column in the Jamabandi. The petitioner accordingly moved an application for permission to deposit settlement fee, with a view to get his name incorporated in the Jamabandi as owner. The said application was processed and report was called for from Central Record Room about the genuineness of the entitlement of the petitioner.
2. Another letter dated 27-10-1991 (Annexure "D") was issued by the Deputy Commissioner, Lahore, to Officer-in-Charge, Central Record Room, asking for verification of the entitlement of the petitioner. It was observed that "some of the entries in RL-II Khata appear to be ingenuine". This letter was replied to by the Secretary, S & R (Board of Revenue) on 28-5-1992 certifying that the entitlement of the petitioner was above board and that he could secure proprietary rights after deposit of settlement fee. This is vide Annexure "G" . Despite all this, no action was being taken by the authorities for conferment of proprietary rights upon the petitioner. Hence this writ petition.
3. Report and parawise comments were called by this Court. On 18-7-1993 the learned Addl. A.-G. appeared and informed the Court that he had already advised the ADC(G) to dispose of the application filed by the petitioner (for conferment of proprietary rights) within a week.
4. The learned ADC(G) has today appeared and expressed his difficulty in disposing of the application, and in this behalf has referred to letter dated 27-1.0-1991 and letter dated 13-11-1991, issued by the Deputy Commissioner, wherein doubt was expressed about the genuineness of the entries in Khata RL-II. According to him, in the face of the above observations, he finds himself unable to confer proprietary rights on the petitioner.
5. It is clear that no conclusive finding has been given by the Deputy Commissioner about the genuineness or otherwise of the entries in Register RL--II pertaining to the allotment of the petitioner. In so far as the question of genuineness of the claim of the petitioner is concerned, the same stands settled vide letter from the Secretary, S&R Wing, Board of Revenue, dated 28-5-1991. In this view of the matter, there is no real difficulty for the ADC(G) to dispose of the application of the petitioner, wherein he has sought relief in the light of the letter dated 3-9-1985.
6.In this view of the matter, this writ petition is accepted and a direction in the nature of mandamus is issued to respondent No. l to decide the application of the petitioner dated 18-12-1990 in accordance with law. For this purpose, he shall call for the record of the relevant Register RL-11 from the concerned quarters and examine and serutinize it to verify the genuineness of the entries in Khata RL-II (of the petitioner) in the presence of the petitioner. If need be, the petitioner would be permitted to lead necessary evidence in support of his plea about genuineness of the allotment.
The petitioner shall appear before him on 15-8-1993 and the matter shall be finalized within a period of one month.
No costs