' This order will dispose of revision petitions Nos.47,48 and 49 of 1989 which have identical facts.
2. The facts are that the petitioner, Dosa, was provisionally allotted 45 Kanals of resumed land comprising square No,224, Killa Nos.17, 18, 22, 23, and 24, in village Chawa, Tehsil Bhalwal, district Sargodha, by the Sub-Assistant Land Commissioner, Bhalwal, under para 19 of the West Pakistan Land Reforms Regulation, 1959. The confirmation of the allotment of the resumed land in favour of Dosa under the Sale Scheme by the Assistant Land Commissioner was kept pending due to litigation, against the resumption of the land. After the repeal of the aforesaid 1959-Regulation by the Land Reforms Regulation, 1972, the Deputy Land Commissioner, Sargodha passed orders dated 28-8-1974, granting the resumed area of square No224, Killa Nos.17, 18, 22, 23, and 24 of village Chawa to Soni, Sultan and Muhammad (respondents in revision petitions No,47, 48 and 49 of 1989 as under, under para. 32 (4) of the aforesaid 1972-Regulation, read with para 18 thereof:-- {{TABLE}} Name of grantee Land granted.
Soni Square No,224, Killa Nos.22 min, 23, 24 min. Sultan Square No,224, Killa Nos.17, 18, Square No,231, Killa No,11.
Muhammad Square No,224, Killa Nos.22 min, 24 min, Square No,225, Killa Nos. 3/1, 21/1, Square No,230, Killa No,9/1.
' Dosa filed three separate appeals before the Additional Commissioner (Revenue)/Land Commissioner, Sargodha Division, who by his order dated 8-5-1988 accepted the appeals and remanded the cases to the Deputy Land Commissioner, Sargodha, for fresh decision. The remand cases were disposed of by Deputy Land Commissioner, Sargodha's order dated 5-2-1989 whereby the claim of Dosa regarding allotment of the resumed land was rejected. Dosa filed three separate appeals before the Additional Commissioner (Revenue)/Land Commissioner, Sargodha Division, who dismissed the appeals by his order dated 19-7-1989. Hence the present revision petitions.
3. I have heard the learned counsel for the parties and perused the relevant record.
4. I find that the case of the petitioner, Dosa, regarding allotment of resumed land comprising Square No,224, Killa Nos.17- 18, 22, 23, and 24, of village Chawa, Tehsil Bhalwal fell within the ambit of para 32 (2) & (3) of the Land Reforms Regulation. 1972, read with the Punjab Land Commission Notification No,887-72/2898/LC (II), dated 17-7-1972, the Sale and Upgrading Scheme under para 19 of the repealed 1959-Regulation and Punjab Land Commission circular letter No,DSH-667-72/3900- LC (H), dated 11-10-1972. Unless and until, his claim regarding confirmation of the allotment of resumed land was duly considered under the law and rejected, the question of allotment of the land to any other person under para 32 (4) of the 1972-Regulation could not arise. Therefore, allotment of the impugned resumed land by the Deputy Land Commissioner, Sargodha to Soni, Sultan and Muhammad, under para.32(4) of the 1972-Regulation, during pendency of the case of Dosa before the Assistant Land Commissioner, regarding confirmation of the allotment, was without jurisdiction. The Additional Commissioner (Revenue)/Land Commissioner, Sargodha Division, rightly accepted the appeal of Dosa against the relevant allotment orders of the Deputy Land Commissioner, but he erred in remanding the case to the Deputy Land Commissioner for fresh A decision, because the case was to be decided by the Assistant Land Commissioner.
Therefore the order dated 5-2-1989 of the Deputy Land Commissioner, Sargodha and order dated 19-7-1989 of the Additional Commissioner (Revenue)/Land Commissioner, Sargodha Division, were against, law.
5. Resultantly I accept these revision petitions, set aside the impugned orders of the lower forums and direct that the Assistant Land Commissioner, Bhalwal should decide within three months the case of Dosa under para 32 (2) & (3) of the Land Reforms Regulation, 1972 in the light of existing policy.