This is a revision petition against the order of Additional Commissioner (Cons.) Multan dated 18-4- 1983 whereby he dismissed the appeal of the petitioner and upheld the order of Deputy Commissioner/Collector, Vehari dated 28-2-1983 vide which he had cancelled Sqr. No.3/19/2, 21/2, 22/2, 23, Sqr. No.8/2/2, 3 to 6, 7/1, 8/1, 15/1, Sqr. No.9/9, 10, 11/1, 12, 13, 14, 16, 17 18, 19/1, 24/2, 25 and Sqr.
No.16/5 measuring 99K-9M situated in Chak No.24/WB, Tehsil Vehari from the petitioner which was allotted to him as alternate lend under Grow More Food Scheme.
2. The facts of the case are that the A.C./Collector, vide his order dated 29-3-1973 allotted the disputed land to the petitioner as alternate land under Grow More Food Scheme, in lieu of his previous allotment in Chak No.89/WB. The A.C./Collector on 12-3-1975 allotted him to pay the sale price of the disputed land and the payment was made. The file of the petitioner was forwarded to the Commissioner, Multan for scrutiny and allowing him the proprietary rights. Meanwhile one Qazi Shah Nawaz (who has not been impleaded any party) made a complaint that the area allotted to the petitioner was within the prohibited zone and was also an old ' Khushak Bias' channel and it could not be permanently allotted under the Grow More Food Scheme. The Assistant Commissioner/Collector thereupon requested the Commissioner for the return of the file and the Commissioner sent back the file to the District Collector, Vehari. The Deputy Commissioner/Collector after hearing the petitioner and the Qazi Shah Nawaz complainant observed that the disputed area was Ghair Mumkin "Khushak Bias" with its Khasra Number 95 min in the Revenue Record before the Settlement Operation but during the settlement operation the area was re-measured and the disputed number Khasras were allocated. According to the general statement of conditions published vide Notification No.5782-C dated 29-6-1938 as amended by Punjab Government Notification No. 1342-C dated 8-3-1939, No. 1662-C dated 17-4-1941, No. 115-C dated 7-1-1942 and No.1879-C dated 20-4-1942 the area under drainage, channels and streams with their bed banks are expressly excluded from the very grants under the permanent schemes.
The Deputy Commissioner/Collector, therefore, cancelled the allotment of the petitioner but however, directed that the petitioner can retain the possession till the harvesting of Rabi 1983 crops.
It was further directed that the petitioner can apply for the alternate State land outside the prohibited zone before 30-6-1983 as directed by the Board of Revenue in its Policy Letter No.8025- 82/6916-CLIII, dated 27-12-1982. Aggrieved by this order the petitioner filed an appeal before the Additional Commissioner (Cons.), Multan on the ground that he had already been declared eligible for the acquisition of proprietary rights by the A.C./Collector vide his order, dated 12-3-1975 and had deposited the sale price as well as stamp duty under the order of the D.C./Collector dated 20- 4-1982 and thus he had become full-fledged owner of the disputed land and that the present District Collector was not competent to pass order dated 28-2-1983 without obtaining prior permission from the Commissioner for the review of the order already passed by the District Collector on 20-4-1982. He had further argued that before the acquisition of proprietary rights a No-Objection Certificate was also obtained from the Irrigation Department and in fact the disputed area was not included in the bed of River 'Khushak Bias'. He had further alleged that the area was outside the prohibited zone and he had fulfilled the condition of allotment, developed, the Banjar land and the proprietary rights were conferred upon him. The Additional Commissioner after hearing the petitioner and examining the record observed that the District Collector has rightly adjudicated in the matter, and cancelled the allotment of the petitioner. He observed that there was no force in the appeal and rejected it. Hence this revision petition.
3. I have heard the learned counsel for the petitioner at length and gone through the grounds of revision. He contended that Vehari was declared as a District in 1976 whereas the land was allotted to-the petitioner in 1973 and at that time the area has outside the prohibited Zone as the limits of prohibited zone was of three miles. He further Contended that he had been allowed the proprietary rights and the District Collector illegally and without obtaining approval from the competent authority re-examined the order passed by his predecessor and cancelled it. He, however, could not adduce any documentary evidence that the area was outside the bed of "Khushak Bias".
According to the instructions such area have been excluded from the grants under the permanent scheme. The revision petition fails and is hereby dismissed.