This revision petition has been preferred by the petitioner in compliance with orders of the High Court dated 2-4-1994, whereby the petitioner was directed to first approach the Board of Revenue, for the restoration of land in dispute.
2. Brief facts of the case are that State land measuring 243 Acres and 4 Kanals in Chak No.166/NP, Tehsil Sadiqabad District Rahimyar Khan was purchased by the petitioner in an open auction on 6- 6-1961 at the rate of Rs.530 per acre. He also deposited Rs.30,000 as advance money. Thereafter, he defaulted payment of instalments during Rabi and Kharif, 1962. Therefore, the land in dispute was resumed on 26-9-1963. On appeal the said land was restored on 26-6-1963 subject to payment of arrears by 5-1-1964. The petitioner, however, did not feel contended with the above order and approached the Board of Revenue and obtained stay order issued on 18-7-1964. On 22-5-1967, it was ordered that balance of advance money and first instalment alongwith penal rent at 9 per cent should be deposited by the petitioner within a period of two months, otherwise the land would stand resumed. The petitioner did not comply with the above orders and the Deputy Commissioner, therefore, resumed the land on 17-8-1968. The petitioner filed an appeal against this order before the Additional Commissioner, Bahawalpur, who rejected the same on 12-12-1970. The petitioner, therefore, feeling aggrieved by this order of the Additional Commissioner preferred revision petition before the Member (Colonies), who passed the following order on 8-4-1976;--- "The impugned order dated 12-12-1970 clearly shows that stay order had been issued by the Board of Revenue, on 18-7-1964. On 22-5-1964, the Board of Revenue allowed the petitioner to clear the arrears within a period of two months. The petitioner did not avail himself of this concession and the land was resumed on 17-8-1968. No penalty could therefore be levied on account of illicit cultivation between the period 8-6-1964, the date of issue of stay order and 17-8-1968 the date of resumption of land by the Collector. The revision petition is, therefore, accepted to the extent that no penalty at 8 times of the land revenue shall be levied on the petitioner for illicit cultivation during the period the stay order remained operative and that it will meet the ends of justice if the petitioner is charged the amount equal to the benefit derived by him after the issue of stay order and till resumption of land for non-payment of price. With this direction the revision petition stand partly accepted,"
3. The petitioner, however, did not avail of above concession. Consequently, the land finally stood resumed under M.L.O. 14 on 28-3-1979 by the Board of Revenue, due to non-payment of arrears and the factum of political influence having been proved in this case. The petitioner filed Writ Petition No.2426 of 1979 in the High Court, which was disposed of on 2-4-1994 with the direction that petitioner should approach the Board of Revenue, in 'this regard. Accordingly, the petitioner has approached the Board of Revenue and this case was fixed for hearing on judicial side as suo motu review of the above quoted orders of the Board of Revenue.
4. I have heard the arguments of the learned counsel for the petitioner and have perused the record available on this file.
5. In this case, the petitioner appears to have repeatedly failed to avail of the concession for depositing the arrears. He has, therefore, forfeited his claim through his own negligence. However, keeping in view the constant litigation of the petitioner to get the land in dispute and the factum that the petitioner deposited advance money of Rs.30,000. I take lenient view and restore the land in dispute to the petitioner with simple interest @ Rs.10.50 % per annum and a penalty of Rs.5,000 as a last chance provided it does not violate the ceiling of holding fixed under Land Reforms. In case the petitioner fails to avail of this opportunity for depositing the remaining price of the land with simple interest and penalty as ordered above, within three months, the land shall stand resumed the included in the schedule of temporary cultivation lease scheme and disposed of through restricted auction as per provision of the said Scheme.