ORDER RAZA ALI, CHIEF LAND COMMISSIONER, PUNJAB.- This is a revision petition under rule 13 of the Punjab Land Reforms Rules, 1972, praying that land comprising rectangle No.38 Jkilla Nos. 1 to 5 measuring 5 acres in Chak No. 120/TDA, tehsil and district Layyah, for which Atta Muhammad, predecessor-in- interest of the petitioner had applied for grant under para 18(3) of the Land Reforms Regulation, 1972, be allotted to the petitioners being legal heirs of Atta Muhammad who as senior most tenant had been allotted only 52 kanals in the aforesaid Chak under para 18(3) of the 1972-Regulation, by the Deputy Land Commissioner, Muzaffargarh.
2. I have heard the learned counsel for the petitioners and perused the record available on file.
3. I find that condition No.3 of the Statement of Conditions for grant of resumed land under para 18(3) of the Land Reforms Regulation, 1972, contained in Colonies Department Notification No.DSL- 16/73/363-LC(II), dated 27.1.1973 -provides that "The Government is prepared to grant land free of charge, but no ton shall be entitled as of right to receive a grant under this statement and the Inurnment retains absolute discretion in the selection of grantees.". I also find that in the case of Ikram Bus Service Vs. Board of Revenue (PLD 1963 SC 564) the learned Supreme Court of Pakistan had observed: "Even an administrative body such as an R.T A., is under legal obligation to deal with all applicants before it fairly, justly and equitably and an applicant has a legal right to demand that the administrative body should determine the matter with whose decision it is charged, in accordance with the law."
It is also laid down in rule 6(1) of the Punjab Land Reforms Rules, 1972 that an officer exercising his functions under the Land Reforms Regulation, 1972 shall, for the purpose of making an inquiry have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of -adding legal representatives of deceased applicants, etc.
4. In view of the above position, the Deputy Land Commissioner, Layyah is directed to dispose of the application of late Atta Muhammad for grant of the impugned resumed land under para 18(3) of the 1972-Regulation, in accordance with law, within two months.