RAZA ALI, MEMBER-This review petition has been filed against the executive order of Member (Colonics), conveyed vide memo No. 304-93/Auditor (Colonies) dated 5.10.1993 whereby the land in dispute has been directed to be got vacated from Khushi Muhammad, petitioner as per orders of the Supreme Court passed in Civil Appeal No. 1047/90 on 10.11.1992.
2. Brief facts of the case are that the disputed State land measuring 100 No.47 in Chak No. 107/WB, Tehsil Mailsi, District Vehari was leased out to Khushi Muhammad Petitioner for the period of 10 years from 1960 to 1970. One Sikandar Ali Lambardar challenged this allotment on the ground that the said lot being reserved under Lambardari grant may be allotted to him. The matter went upto the Supreme Court through C.P.S.LA. No. 321/77 which was decided on 4.12.1984 against him.
Ultimately, the lease in dispute remained intact with the petitioner. However, after refusal of remedy even from Supreme Court, Sikandar Ali, Lambardar started second round of litigation and managed to get order of the Assistant Commissioner/Collector, Mailsi dated 14.4.1985 who observed that the petitioner Khushi Muhammad was in illicit cultivation of the land in dispute after expiry of his lease in 1971. The Assistant Commissioner/Collector, also refused the claim of Sikandar Ali respondent. Khushi Muhammad, petitioner preferred an appeal before the Additional Commissioner (Revenue), Multan Division, who accepted the same vide his order dated 28.10.1987 and observed that the petitioner could not be treated as encroacher. The series of litigation again went upto the Supreme Court, who on 18.11.1992 observed as under:- "Abdul Shakural Salam, J. Counsel for the appellant states that he would like to withdraw this appeal in order- to pursue his application for confirment of proprietary rights in terms of memorandum No. 3215-79/3973-CH, dated 3rd September, 1979 provided that previous decision do not come in his way. The previous decisions were confined to the controversies raised therein. If the appellant has any right under the afore-mentioned memorandum and has applied for it, the application has to be decided on its own merits in accordance with aforesaid memo. The appeal is thus disposed of. No order as to costs."
Consequently, the petitioner applied to the District Collector, Vehari on 5.12.1992 for the grant of proprietary rights under Notification of 3.9.1979, which application was still pending decision when Muhammad Zahoor son of Sikandar Ali, Lambardar applied to the Board of Revenue through the Deputy Commissioner, Vehari on 21.4.1992 claiming the said lot under Lambardari grant and the Board of Revenue vide order contained in Memo. No. 304-93/Auditor (Colonies), dated 5.11.1993 directed the Deputy Commissioner, Vehari as under:- "You are requested to get the impugned State land vacated from the unauthorised possession of Mr. Khushi Muhammad as the Civil Appeal No. 1047/90 filed by him in the Supreme Court of Pakistan has been disposed of vide order dated 18.11.1992."
Hence this review petition preferred by the petitioner. The case was under consideration on the executive side which I have fixed for hearing on the judicial side.
3. I have heard the arguments of the learned counsel for both the parties and have examined the record available in this file.
4. It is observed that the petitioner was a lawful lessee of the land in dispute and his possession was maintained by the Additional Commissioner (Revenue) and even by the Supreme Court.
Whereas Sikandar Ali, respondent exhausted his claim of Lambardari grant upto the Supreme Court . Therefore there appears no justification for the Board of Revenue to direct the Deputy Commissioner, Vehari for vacation of the land in dispute from the possession of the petitioner on the unwarranted application of the son of Sikandar Ali respondent vide our Memo, dated 5.10.1993 which is hereby set aside. Keeping in view the long affiliation of the petitioner as lessee of the land in dispute the lease is restored to him.
5. In view of the above observations, I accept the review petition and withdraw the executive order dated 5.10.1993. The petitioner is allowed to deposit all the arrears and other dues within three months. The District Collector, Vehari is directed to decide the request of the petitioner for the grant of proprietary rights accordingly. The lease in dispute of the petitioner is, however, extended upto Rabi,1995.