' This is a revision petition filed under section 13 of the Consolidation of Holdings Ordinance, 1968.
Against the order dated 19-4-1973 of the Additional Commissioner (Consolidation), Sargodha, whereby the appeal of the petitioner was rejected.
2. I have heard the parties and examined the record.
3. The main grievance of the petitioner is that the land purchased by him during the consolidation operation from Mst. Baddi of Scheme No, 4 has not been allotted to him. He is a small land-owner and should, therefore, have been given the area which he had purchased. He has, on the other hand, been allotted land in river bed which is of inferior quality. It is also alleged that there is a shortage of 15 kanals in petitioner's entitlement.
4. The record shows that the petitioner had purchased about 57 kanals of land (through civil decree) from Mst. Baddi etc. Of Scheme No, 4 during the consolidation operation, Mutation No, 735 was, however, sanctioned in his favour on 3-8-1968 after ACO's order of confirmation dated 30-6- 1967. This mutation was in respect of Khasra Nos. 16 (3K-11M), 17 (2K-13M), 24 (4K-6M). 25 (8-K of square Nos. 57 and Khasra Nos. 21 (7-K-13M), 4(3K-10M), 5 (8K), 69K-4M), 7 (2-K) and No, 1 of square No, 59-(8-K). In consolidation this land was confirmed in the name of Mst. Baddi of Scheme No, 4 from whom the petitioner had purchased it. t find that the Collector (Consolidation) through his order dated 20-7-1972 had taken out Khasra Nos. 57/24, 25 and 58/4, 5, 6 and 7 (total area 35 kanals) from the Khata of Mst. Baddi etc. And in lieu thereof she was given Khasra Nos. 92/5, 6, 13, 14 and 16/2 (area 35K-2M). This change was effected between Allah Yar respondent of Scheme No, 134 and Mst. Baddi etc. Of Scheme No,
4. Since the disputed Khasra Nos. 57/24 and 25 and 58/4, 5, 6 and 7 had been purchased by the petitioner these should not have been withdrawn from the scheme of Mst. Baddi etc.
5. In view of the above, I accept the revision petition and restore Khasra Nos. 24 (4K-6M), 25 (8-K), of Square No, 57 ; Khasra No, 4 (3K-IOM), 5(8K), 6(9K-4M) and 7 (2-K) of Square No, 58 (total 35 kanals) to the petitioner from the Khata of Allah Yar and in lieu thereof Khasra No, 5 (8-K), 6 (8-K), 13 (7K-2M), 14 (8.K). And 16/2-(4K) of Square No 92 (total area 36K-2M) are given to Allah Yar respondent of Scheme No, 134)
6. I also find that in Scheme No, 4 of Met. Baddi etc. There is shortage of 15 Kanals in terms of Class I while in the Khata of Allah Yar respondent of Scheme No, 134, there is an excess area of 180K-13M.
The shortage of 15 kanals in Scheme No, 4 can be made up from the khata of Allah Yar respondent.
The revision petition is accordingly accepted l to the extent indicated in para. 5 above and the case is remanded to the Collector for making up the deficiency in the allotment of Mst. Baddi after hearing the parties.