1. Instant writ petition is directed against the order dated 16-7-1975 of Additional Deputy Commissioner with powers of Additional Settlement Commissioenr (Land) with the powers of Chief Settlement Commissioner, Bahawalpur, whereby he cancelled the land measuring 118 Kanals 8 Marlas allotted to petitioner No,1 Mst. Majidai in village Syed Imam Shah Tehsil Hasilpur District Bhawalpur on the basis of RL-II No,47 dated 7-1-1961.
2. 2.The facts relevant for appreciating the respective pleas of the parties are that petitioner No,1 Mst.
3. Majidan was transferred land bearing square Nos.442/6, 442/7, 442/11, 461/4 and 461/8 measuring 118 Kanals and 8 Marlas situated in Muaza Syed Imam Shah vide RL-II No,47 dated 7-1-1961 who later on alienated the same to petitioner No,2. One Jamal Din son of Sultan moved an application under sections 10 and 11 of the Land Settlement Act 1958 with Mr. Waheed-ud-Din Rathor, the then Additional Settlement Commissioner with the powers of Chief Settlement Commissioner (Land)
4. Punjab. While the said proceedings were pending in the said Court for 25-10-1975, respondent No,1 Additional Deputy Commissioner with powers of Additional Settlement Commissioner (Land) with the powers of Chief Settlement Commissioner Bahawalpur cancelled the said allotment vide his order dated 16-7-1975 on the basis of an application moved by respondent/Shahab-ud-Din (predecessor-ininterest of respondents .Nos.2 to 4) alleging that petitioner No,1 had also obtained land on the said claim in village Dahla Chatta District Gujranwala. Hence this writ petition.
5. 3.During the pendency of this petition, one Abdus Sattar moved an application for impleading him as party, as the land cancelled Vide order dated 16-7-1975, had been allotted to him vide RL-II No,56 dated 30-7-1975, accordingly he was also impleaded as respondent No,3, i,e, predecessor- ininterest of respondents Nos.5 to 9.
6. 4.Arguments have been heard and record Perused.
7. 5.It is submitted by the learned counsel for petitioner No,1 that she was allotted land in village Syed Imam Shah, Tehsil Hasilpur, District Bahawalpur vide RL-II No,47 dated 7-1-1961, that she never applied for the allotment of any land in District Gujranwala, as such the question of allotment of land in village Dahla Chatta, Tehsil Wazirabad, District Gujranwala does not arise, that there is nothing on the record to prove that she was allotted any land in village Dhala Chatta on the basis of RL-II No,47 dated 7-1-1961, that the informants (Makhbars) have brought on record a photo copy of Jamabandi for the year 1972-73, showing her owner of some land in the said village Dahla Chatta, that even this photo copy of Jamabandi does not show that the said land has been allotted to her on the basis of any RL-II, that all these facts clearly show that a gang of fraudulent persons is active who hatched this conspiracy to deprive her suit land, that admittedly similar proceedings were pending in the Court of Mr. Waheed-ud-Din Rathore for 25-10-1975, so how the impugned order regarding that very property could be passed on 16-7-1975, that as per impugned order, it is clear that it has been passed behind her back and it contains a report of refusal on her behalf, that the report of refusal is manipulated one.
8. 6.On legal score, he submitted that application under sections 10 and 11 was moved on 13-2-1974 by Mst. Allah Jawai and the same was initially dismissed on 29-4-1974 and secondly on 22-3-1975, that application on behalf of Shahab-ud-Din respondent was moved on 24-3-1975 which could not be entertained due to repeal of Displaced Persons (Land Settlement) Act, 1958 vide Act XIV of 1975 promulgated on 28-1-1975, that even if it is assumed that some proceedings under Displaced Persons (Land Settlement) Act 1958, were pending at the relevant time, then all these stood transferred for final disposal to such officers as per subsection (2) of section 2 of Evacuee Property and Displaced Persons Laws (Repeal) Act 1975 (Act XIV of 1975) and the list of such notified officers appears in Column No,2 of the Schedule attached to Evacuee Property and Displaced Persons Law (Repeal) Ordinance 1974 dated 16-11-1974, that as such neither the application dated 24-3-1975 could be moved nor it could be entertained by respondent No,1, who had ceased to be such officer w,e,f, 16-11-1974, that even the second application under sections 10 and 11 of Displaced Persons (Land Settlement) Act was not maintainable after dismissal of first application as held in Muhammad Shoaib and others v. Muhammad Sharif and another (NLR 1985 SCJ 84), that after the repeal of Act 1958, second application by informant was not competent as held down in Muhammad Islamil,. etc. v. Mst. Rashidan Begum, etc. (1985 SCM R R 1268), that as no case was pending on 28-1-1975, so respondent No,1 or even any notified officer as provided in Evacuee Property and Displaced Persons Laws Repeal) Ordinance, 1974 had no jurisdiction whatsoever to re- open the transaction which was past and closed and relied upon Khawaja Bashir Ahmed v. The Additional Settlement Commissioner Rawalpindi and others (1991 SCM R 1604) that even if it is assumed without conceeding, that petitioner No,1 had obtained allotment in village Dahla Chatta Tehsil Wazirabad, District Gujranwala, even then the said allotment being later in time had to be cancelled as held in Hamad Ali v. Additional Settlement Commissioner, etc. (1985 SCM R 1380). He, thus. submitted that impugned order dated 16-7-1975 being illegal be declared coram non judice by accepting this petitioner.
9. 7.Conversely, it is argued that petitioner No,1 got land allotted firstly in village Dahla Chatta on 26- 5-1953, as mentioned in an application moved by one Muhammad Sarwar on 24-1-1976, and which fact stands corroborated from copy of Jamabandi for the year 1972-73 placed on record, that application under sections 10 and 11 was not moved only by Mst. Allah Jawai but, it was moved alongwith others by Abdus Sattar respondent, that even if it is presumed that application was dismissed on 22-3-1975, it was dismissed to their extent of Mst. Allah Jawai and it could not be deemed to have been dismissed to the extent of Abdus Sattar or Shahab-ud-Din in whose favour order dated 16-7-1975 has been passed, that application dated 24-3-1975 is in continuation of application dated 14-2-1974 as the same was for its restoration, that as such respondent No.1 was competent to entertain and pass the impugned order, that all pending proceedings have been protected under section 2(2) of Act XIV of 1975, which stood transferred to notified officer as given in Ordinance, 1974, that Abdus Sattar was entitled to allotment of land cancelled under sections 10 and 11 of Displaced Persons Act 1958 as held in Rehmat Ali v. Settlement Commissioner and others (PLD 1980 SC 214), as such allotment in his favour vide RL-II No.56 dated 30-7-1975 is valid and legal, that it is nowhere mentioned in the writ petition that petitioner No.1 never got any land allotted in village Dahle Chatta and similarly there is also no prayer that if any said allotment exists in her name, it be cancelled, that as petitioner No.1 got land allotted in village Dahla Chatta prior to its allotment in village Imam Shah vide RL-II No.47 dated 7-1-1961, so respondent No.1 was competent to cancel the later allotment vide order assailed. He next argued that during the proceedings pending with respondent No.1, the petitioner No.1 elected not to appear, as such she proceeded ex parte and consequently impugned order was passed in accordance with law and writ petition being devoid of any force merits rejection.
8. The stand of petitioner No.1 is that she issued RL-II No.47 on the basis of which she was allotted land in village Syed Imam Shah on 7-1-1961. On the other hand, the stand of respondent No.3 is she had first been allotted land in village Dahla Chatta Tehsil Wazir Abad district Gujranwala on 26-5- 1963 on the basis of claim form No.508 on the basis of which RL-H No.47 was issued. A perusal of the record shows that no documentary evidence regarding the allotment of land in village Dahla Chatta Tehsil Wazirabad District Gujranwala is available except photo copy of Jamabandi pertaining to the year 1972-73. This copy of Jamabandi does not show that the land allegedly owned by Mst. Majidan was allotted to her on the basis of some RL-II. Again none of the informants (Mukhbars) has produced any certified copy of any document, showing the allotment in favour of Mst. Majidan in village Dahla Chatta Tehsil Wazir Abad district Gujranwala on the basis of claim form No.508 on the basis of which RLII No.47 was finally issued in her favour. The mere fact that one photo copy of Jamabandi pertaining to the year 1972-73 has been brought on record showing some land in the name of Mst. Majidan does not prove that the said land was allotted to Mst.
10. Majidan on the basis of claim form No.508. Had a certified copy of Jamabnandi been produced showing the allotment of land in favour of Mst. Majidan on the basis of claim form No.508, only then and then it could be presumed that Mst. Majidan had obtained the said land on the basis of her claim. In the instant case, there is absolutely nothing on the record to show as to how this land shown in the Jamabandi for the year 1972-73 was acquired by Mst. Majidan. The relevant column on the basis of which this allotment can be verified does not contain any endorsement. It appears that the informants (Mukhbars) had manipulated a forged photo copy of Jamabandi for the year 1972-73, showing some land in the name of Mst. Majidan just to deprive her from her genuine allotment of land in village Syed Imam Shah Tehsil Hasilpur, District Bahawalpur. Accordingly, it is proved that allotment of land vide RL-II No.47 dated 7-1-1961 in village Syed Imam Shah, Tehsil Hasilpur, District Bahawalpur is genuine allotment and she never obtained any allotment of land in village Dhala Chatta as allegedly shown in photo copy of Jamabandi for the year 1972-73 and consequently order dated 164-1975 cancelling the allotment in question has not been passed in accordance with law.
11. 9.A minute perusal of application under sections 10 and 11 of the Land Settlement Act, 1953 dated 13-2-1974 shows that it was initially moved, only by Mst,. Allah Jawai through her General Attorney Said Muhammad. This fact stands corroborated from the initial endorsement on the said application which also discloses only one informant. The record further shows that said application was dismissed on 22-3-1975 for non-prosecution. The record shows that on 24-3-1975 an application was moved by Shahab-ud-Din for the restoration of application dismissed on 22-3- 1975. Since the original application, as pointed out above, had been moved by Mst. Allah Jawai, so other names including the names of Shahab-ud-Din and Abdus Sattar as respondents, were interpolated and, as such, a crude effort was made to give a new life to the dead horse. It appears that this effort of interpolation has been made as no fresh application could be entertained after the repeal of Evacuee Property and Displaced Persons Law (Repeal) Ordinance 1974 dated 16-11- 1974 as well as Evacuee Property Displaced Persons (Repeal) Act, 1975 (Act XIV of 1975) dated 28-1- 1975. Since the initial application has been moved by Mst. Allah Jawai, so application moved by Shahab-ud-Din on 24-3-1975 will be deemed to be a fresh application and the same was not maintainable as held in 1985 SCM R 1268. Thus, viewed from any angle, the impugned order could not be passed.
12. 10.The upshot of above discussion is that petitioner No.1 has succeeded in establishing that she was allotted land only in village Syed Imam Shah Tehsil Hasilpur, District, Bahawalpur vide RL-II No.47 dated 7-1-1961 and she neither applied nor allotted any land on the basis of said RL-II No.47 in village Dhala Chatta Tehsil Wazirabad, District Gujranwala. Accordingly, writ petition is accepted and impugned order dated 16-7-1975 is declared illegal, void, ineffective, in-operative, without lawful authority, of no legal conseqeunce and not binding on the petitioners.