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1996 MLD 645

MUHAMMAD AFZAL vs MUHAMMAD ANWAR

Citation1996 MLD 645
CourtBoard of Revenue
Case No.R. O. R. No. 1985 of 1991
Date1995-01-30
Judge(s)Akhtar Said
ResultCase remanded

ORDER

This petition is against the order of the District Collector dated 3-12-1990 and the order of the Additional Commissioner dated 15-9-1991.

2. The petitioner has been a lessee of 6-1/2 acres since 1967. He is landless. His lease has been extended from time to time.

3. Two acres out of his 6-1/2 acres have been reserved for the respondent who is a Chowkidar.

4. The petitioner has offered that if there is no State land available in the village he will have no objection to the reservation of these two acres for the respondent Chowkidar. Moreover, in the opinion of this Court, the Revenue Authorities may not only try to find other available State land for the respondent, but if the area has to be taken from the lease of somebody, then the two acres out of the lease of a larger lessee than the petitioner should be taken, because if this landless lessee is further reduced by two acres he may not be able to subsist.

5. I, therefore, accept this petition conditionally and send the case to the District Collector for implementing this order.

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