ASAD ALI SHAH, CHIEF LAND COMMISSIONER.- This is k revision petition filed against the order dated 9-2-1987 of Land Commissioner, Faisalabad Division, Faisalabad whereby he upheld the order dated 17-9-1984 of the Deputy Land Commissioner, Jhang rejecting the application of the petitioner to reexamine the holding of the declarant and resumption of excess land under Lands Reforms Act, II of 1977.
2. Brief facts of this case are that the petitioner filed her declaration under Land Reforms Act, II of 1977 and her holding was determined by the Deputy Land Commissioner, Jhang at 9936 P.I. Units vide his order dated 26-10- 1977. Consequently 1936 P.I Units were ordered to be resumed from her.
The declarant submitted an application before the Chief Land Commissioner, Punjab for re- consideration and this was sent to Land Commissioner, Faisalabad Division for necessary action under Rule 13(3) of the Punjab Land Reforms Rules, 1977. A copy of the said letter was also sent to the Deputy Land Commissioner, Jhang who heard the declarant and observed on 17-9-1984 that she had already surrendered the excess land on 22-10-1977 and therefore no further action was necessary. Feeling aggrieved by this order, the declarant filed an appeal before the Land Commissioner, Faisalabad who upheld the order of Deputy Land Commissioner, Jhang. Hence this revision petition.
3. I have heard the arguments advanced by the learned counsel for the petitioner and gone through the record produced in the Court as well as the record of the Court file. The Learned, counsel for the petitioner contended that the declarant had given her option for the resumption of excess land upto 1436 P.I. Units from her holding in village Jhalar Mehr Shah and the remaining 500 P.I. Units from village Walla Rai but the whole of 1661 P.I. Units had been resumed from bolding in village Jhalar Mehr Shah. It was, therefore, requested that order of lower Courts may be set aside and the excess land resumed in accordance with her above choice. It was also claimed that the calculation of the P.I. Units value of the land was incorrect.
I have considered the arguments advanced by the Learned two counsel for the petitioner and gone through the record produced in the Court. The counsel for the petitioner has two points: firstly that she had not surrendered land in village Walla Rai but had actually surrendered land of village Jhalar Mehr Shah and secondly that the calculation of P.I. Units and the classification of soil was incorrect. As regards the choice of area to be surrendered is concerned, I have seen the original declaration form which clearly indicated that the petitioner through her attorney Sardar Fazal Abbas had surrendered land in village Walla Rai While she had retained the area in village Jhalar Mehr Shah. The choice bus therefore been correctly implemented and the petition is rejected on this score. As regards mis-calculation of P.I. Units on the basis of classification of soil, the Deputy Land Commissioner is directed to go through the relevant record in the presence of the petitioner or her counsel and if necessary report the matter to Land Commissioner for necessary arrangement if so found.