This is a revision petition against the order dated 30-5-1995 passed by the Commissioner, Bahawalpur, whereby he rejected the appeal of the petitioners against the order dated 28-1-1993 passed by the Colonization Officer/Collector, Cholistan Development Authority, Bahawalpur.
2. Brief facts of the case are that the petitioners were leased out State land in the year 1966 for a period of 10 years and the lease was subject to the confirmation by the Commissioner. However, they were allowed possession vide report Roznamcha Waqiati dated 11-5-1966 even before the leases were confirmed by the Commissioner which were, however, subsequently not confirmed.
The Collector vide order dated 19-1-1968 resumed the tenancies and passed order for the ejectment of the petitioners/lessees as the leases had not been confirmed by the Commissioner.
3. The petitioner and others filed Writ Petition No 2555 of 198Q which was allowed the case was remitted to the Board of Revenue vide order dated 14-12-1971 for determination of the right of the lessees. Board of Revenue vide Memorandum No. 1745-76/2305-CLV, dated 25-5-1975 regularized the leases of the petitioners till 1976. In the meantime, Cholistan Development Authority had taken over the land in dispute and asked the Commissioner, Bahawalpur, to pass an order for the ejectment of the petitioners and the Commissioner vide order dated 17-3-1983 without hearing the petitioners ordered for the ejectment of the petitioners.
4. The petitioners filed R.O.R. No. 1900 of 1984 in the Board of Revenue which was allowed on 31-3- 1985 and order of the Commissioner dated 7-3-1983 was set aside and case for extension of lease was despatched to the Deputy Commissioner/District Collector, Bahawalpur. On review by the Cholistan Development Authority, the case was sent to the Managing Director, Cholistan Development Authority vide order dated 21-1-1986. The Managing Director, Cholistan Development Authority after hearing the parties accepted the case of the petitioners to the extent they may be verified as landless tenants or small landowners so that they could be accommodated in their turn under the 15 years Lease Scheme. After the decision of the Managing Director, Cholistan Development Authority, dated 24-11-1986, a dispute regarding the names of the petitioners arose before the Managing Director, Cholistan Development Authority who directed that vide order dated 23-2-1991 the names of persons mentioned in R.O.R. No.2490 of 1983 which was filed before Mr. S.M.
Nasim, Member (Colonies), Board of Revenue, be furnished. The Colonization Officer/Collector Cholistan Development Authority on 28-1-1995 passed .The order of ejectment of the petitioners on the ground that the petitioners were in unauthorised possession. The petitioners filed Revision Petition No. 327 of 1993 directly against the order of Collector, Cholistan Development Authority dated 21-1-1993 before the Board of Revenue, which was partly allowed vide order dated 13-6-1994 by Mr. Jiwan, Member (Judicial-III), Board of Revenue, Punjab, who remanded the case to the Commissioner for fresh decision. Commissioner vide impugned order dated 30-5-1995 has held that the appeal was premature and not maintainable. Hence this revision petition.
5. Learned counsel for the petitioners contended that the petitioners were leased out Banjar Qadeem State land in the year 1966 and that the petitioners leases had been regularized by the Board of Revenue vide Memorandum, dated, 25-5-1975. The Managing Director, Cholistan vide order dated 24-1-1986 accepted the case of the petitioners under 15 years lease scheme, therefore, they are to be treated as lessees and are entitled for the regularization of the lease till Rabi 1998.
The second point regarding the verification of names of the petitioners, this issue had already been decided by the Managing Director, Cholistan Development Authority vide order dated 23-2-1991 as well as by the Board of Revenue vide Memorandum No. 3245-91/2396/CLIV, dated 11-7-1991.
6. I have heard the learned counsel for the petitioners and carefully examined the record. The petitioners were leased out the land in the year 1966 and the same was regularised by the Board of Revenue in the year 1975 vide Memorandum dated 25-5-1975. According to the latest instructions temporary leases were extended from time to time till 1995. As the petitioners are in cultivating possession of the land, therefore, their leases are extended till Rabi 1995, and they should pay the rent in equal 14 half yearly instalments. The order of the Colonization Officer/Collector Cholistan Development Authority dated 28-1-1993 and of the Commissioner dated 30-5-1995 are set aside and order of Managing Director, Cholistan Development Authority dated 24-11-1986 is confirmed.