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1997 CLC 1201

MUHAMMAD BOOTA vs THE STATE

Citation1997 CLC 1201
CourtBoard of Revenue
Case No.R.O.R. No.2361 of 1994
Date1995-05-24
Judge(s)Raza Ali
ResultOrder accordingly

ORDER

This revision petition has been preferred against order dated 15-8-1994, whereby the Commissioner Multan Division dismissed the appeal of the petitioner.

2. Brief facts of the case are that the petitioner was allotted state land measuring 84 Kanals comprising Khasra Nos.30/15/2, 16 to 25 in Chak No.98/15-L, Tehsil Mian Chunnu, District Khanewal, under five years lease scheme from Kharif 1978 to Rabi 1983. Out of this land the petitioner was granted proprietary rights of I 1 Kanals only. Out of the remaining 73 Kanals, an area of 48 Kanals was allotted to said Muhammad Boota, formerly lessee. Muhammad Anwar son of Muhammad Boota and Maula Bakshh son of Ghulam Qadir 16 Kanals each under Nursery Scheme on 27-2-1990, which was, however, resumed by the District Collector, Khanewal on 2-6-1992. Thereafter, the petitioner applied for the extension of lease of said 73 Kanals, proprietary of which was not allowed to him. The District Collector Khanewal, however, rejected the request of the petitioner vide his order dated 16-3-1993. The petitioner, therefore, preferred appeal before the Commissioner Multan Division, who dismissed the same vide his order dated 15-8-1994. Hence this revision petition.

3 .1 have heard the arguments of the learned counsel for the petitioner and have perused the record available in this file.

4.In this case it is not clear as to why the petitioner was granted proprietary rights of only 11 Kanals especially when he was originally allotted 84 Kanals. Further, I am unable to understand that as to how out of the remaining 73 Kanals, the petitioner, his son Anwar and one Ghulam Qadir were allotted 48 Kanals for Nursery Scheme without resuming 73 Kanals from the name of petitioner, who was entitled for extension of lease for the said lease after expiry of the same in 1983 under the Government instructions issued from l time to time. However, the said land is reported to be available and under possession of the petitioner. 1, therefore, restore the lease of said 73 Kanals to I Q, the petitioner extending the same upto Rabi, 1998. The petitioner should deposit all the arrears/dues of Lagan etc. Within three months from the receipt of this Order. He would be at liberty to apply for the grant of proprietary rights for this land under the new scheme notified on 19-3- 1995. The orders of the lower Courts are set aside accordingly.

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