SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIAL-I).- An appeal has been filed by Habib .Son oi Jamal against order dated 23rd of February, 1965 of Addl. Commissioner (Revenue), Multan whereby he upheld the order dated 14th of October, 1964 of C.A./Collector Montgomery allotting Ihata No. 72, measuring 1, Kanal 2 Marlas, situated in Chak No. 16/14-L, Tehsil Chichawatni, District Sahiwal to Muhammad Ishaq. It is submitted by the learned counsel for the petitioner that the appeal be converted into revision. It is contended that the petitioner has been in possession of this Ihata since 1947. It is admitted by him that he is landless in the Revenue estate and according to the scheme of Board of Revenue whereby even non-proprietors were allowed to get regularization of Ihatas in their possession, he is eligible to obtain allotment of the subject Ihata. It is his averment that order dated 14th of October, 1964 is bad in law since he was not heard at the time of passing of the order although in the Revenue record, it is clearly mentioned that he was in an unauthorised occupation of the subject land. -
2. Unauthorised occupation of state land does not u ..Tie any right in favour of an individual. The petitioner was therefore right denied the opportunity of hearing at the time of passing of the impugned order The petition has been filed after 25 years of passing of the impugned order. The explanation given for the delay is that when Muhammad Ishaq sold this Ihata to someone, the petitioner came to know of the impugned order. The explanation is not cogent and will not constitute a valid ground for entertaining this revision petition. As such it is dismissed in limine.
3. It is stated by learned counsel for the petitioner that the subject Ihata was reserved for District Board and without changing its classification, it was allotted to land owners of the estate. This aspect of his contention may be looked into by District Collector and through due process of law, if deemed appropriate, the allotment may be regularised by change of classification.