' Respondent No, 1 was allowed to purchase 41 kanals 8 marlas of land in village Jodhewali, Tehsil and District Sialkot by the Assistant Commissioner vide his order dated 2nd October, 1976, at the rate of Rs, 109 per P. I. I/. Under the Scheme for disvaal of uaatiottert evacuee rural agricultural land.
The petitioners, who are allottees of other land in the village, have filed the present petition challenging the allotment on the grounds that:-
(i) respondent No, 1 is not in possession of the land in dispute;
(ii) the land in dispute is not agricultural land;
(iii) some of the land in dispute is in the occupation of a Primary School while other portions are under graveyard, village Chappar etc.
2. A report called for from the Assistant Commissioner confirmed the above allegations which are very serious. It has been made clear in the report that the sale had been allowed on a report of Helga Patwari verified by the Settlement Naib Tehsildar. The two Government functionaries thus prima facie misrepresented facts and abetted a delinquent applicant to cause unlawful loss to the Provincial Government in whom the property now vests. The possession of respondent No, 1 is not there and in fact could not have been there as the entire land is shown to be either Banjar Qadeem or under Chappar, Graveyard and Primary School. The impugned allotment in favour of respondent No, 1, is therefore, declared to be without lawful authority and of no legal effect.
' A copy of this order may be sent to the Member, Board of Revenue/ Chief Settlement Commissioner in response to the D. O. Letter sent by the Minister requesting that cases of this nature may be brought to his notice. Respondent No, 1 shall also pay the costs of this petition.