JIWAN KHAN, MEMBER.- This is a revision petition against the orders dated 5.5.1992 and 24.1.1993 of the District Collector, Rahimyar Khan, whereby permission under Section 19 of the Colonization of Government Lands (Punjab) Act was granted for transfer of the tenancy held by the present petitioner Mst. Begum d/o Gul Muhammad in respect of I0O kanals comprising rectangle No. 292/11, Killas No. 1 to 4, 6-min, 7 to 14 alongwith Ihata No. 18 measuring 1 kanaL and 10 marlas in Chak No. 101 /1-L, Tehsil Khanpur, District Rahimyar Khan.
2. It is contended by the learned counsel for the petitioner that the petitioner had never appeared either before the District Collector or subordinate Revenue Officers and that the order dated 5.5.1992 was passed on her back. As she was neither heard nor was associated with the proceedings, the impugned order was ab initio void.
3. The respondent Rashid Ahmad s/o Sharaf-ud-Din was summoned. As he failed to appear in response to the repeatedly issued notices, ultimately a proclamation was got published in the Daily Nawa-e-Waqt, dated 22.5.1994 for his appearance on 2.6.1994. As he failed to appear even thereafter, ex parte proceedings are being taken against him.
4. The perusal of the record of the office of District Collector, Rahimyar Khan, presented by Muhammad Amin, Colony Clerk, shows that initially an application dated 18.10.1988 was submitted by the present petitioner through one Siraj Ahmed Hashmi Mukhtar-e-Aam. Seeking the permission for transferring the tenancy under Section 19. The perusal of this application brings out the following peculiar elements:-
(a) The Court stamp valuing Rs. 3/- bears the date of 30.11.1988 whereas the application itself is dated 18.10.1988.
(b) The application mentions the consideration of Rs. 40,000/-. It is however patently clear that initially both in figures and words Rs. 80,000/- had been recorded. Subsequently these were over- written and changed into forty thousands.
(c) For about two years no action was taken on the application. It was on 15.11.1990 that the Patwari submitted his first report regarding the proposed transfer.
5. The record further shows that it was on submission of a report dated 14.1.1991 of the Head Clerk Colony that the District Collector allowed the permission under section 19 on 5.5.1992 on executive side. Neither the present petitioner nor the respondent were heard by the District Collector. Vide memo. No. CB-318, dated 16.5.1992 to the address of Tehsildar Khanpur, District Collector conveyed the above-referred permission and desired that the mutation about transfer of the impugned tenancy be attested.
6. Permission granted under Section 19 of the Colonization of Government Lands (Punjab) Act, 1912, by no means, can be construed to be tantamount to the actual transfer. No mutation therefore could have been attested on the basis of a mere permission granted under Section 19 of the Colonization of Government Lands (Punjab) Act. Such a permission as and when granted, should have been conveyed to the tenant who in her discretion would then either transfer the tenancy or with-hold it. The grant of permission under Section 19 of Colonization of Government Lands (Punjab) Act does not, in any way, create any right in favour of so-called transferee.
7. In the present case it is also clear from the record that the present petitioner was not even heard by the District Collector while passing the impugned order dated 5.5.1992. As. This order was passed on her back, it is ab initio void and is set aside.
8. Communication No. CB-318 dated 16.5.1992 from District Collector, Rahimyar Khan to the address of Tehsildar Khanpur may also be treated as cancelled and the mutation if any attested on its basis may be considered of no legal consequence.