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1996 CLC 466

MUHAMMAD ALTAF and anothers vs THE STATE

Citation1996 CLC 466
CourtBoard of Revenue
Case No.R.O.R. (L.R.) No, 14 of 1995
Date1995-06-15
Judge(s)Raza Ali
ResultOrder accordingly

ORDER

' This is a revision petition under rule 13 of the Punjab Land Reforms Rules, 1972, praying that land comprising rectangle No, 38, Killa 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 Regulations, 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 person shall be entitled as of right to receive a grant under this statement and the Government retains absolute discretion in the selection of grantees". I also find that in the case of Ikram Bus. Service v. Board of Revenue (PLD 1963 SC 564) the learned Supreme Court of Pakistan had observed: "Eved 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-Ceurt underthe 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.

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