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2001 MLD 1541

BAHADUR KHAN vs D.C. COLLECTOR And 3 Other

Citation2001 MLD 1541
CourtLahore High Court
Case No.Writ Petition No. 645 of 1999
Date1999-02-16
Judge(s)Ghulam Mahmood Qureshi
ResultPetition dismissed

ORDER

It is submitted that the petitioner is a Lambardar of Mauza Ghagh Kalan, Tehsil and District Khushab since 1985 and allegedly a sum of Rs.77,703 is outstanding against him for not depositing the same in the Government treasury even after its recovery from the villagers. It is further submitted that the petitioner has handed over the said amount to Wasil Baqi Nawees, who has further deposited the same in the Government treasury. The Deputy Commissioner, Khushab was directed to submit report and N parawise comments and in compliance of the order report has been submitted the contents of which reveal that the petitioner-Lambardar has been found to be a defaulter concerning the deposit of Land Revenue from Kharif 1992 to Rabi 1995 of the amount to the extent of Rs.77,703 on the basis of Annual Audit/Periodical re-checking etc. Which were accordingly demanded. An endorsement of clearance has been found issued and the petitioner to avoid the payment tried to take shelter under the plea that as once he had obtained a clearance endorsement upto 1995 from the Wasil Baqi Nawees, therefore, no further demand even on the basis of any Annual re-checking or Audit is justified. It is further mentioned in the report that the criteria for checking of the account of Lambardar is comparison with Dhal Bach (demand made against the landowners) and treasury challans (amount deposited by the Lambardar in Government treasury) and endorsement of clearance of the Wasil Baqi Nawees cannot be considered as a clearance certificate by the Tehsildar/Collector and such like endorsements are always subject to any further or Annual check ups and Audit etc. And cannot be a last word. The report further reveals that the petitioner filed a civil suit praying for interim injunction which was declined vide order dated 8-11-1997 passed by the Senior Civil Judge, Khushab. The order was assailed in appeal and the learned Additional District Judge, Khushab vide judgment dated 6-12- 1997 dismissed the same.

2. I have heard learned counsel for the petitioner as well as learned counsel for respondent No.3 and have also perused the record: The petitioner in this writ petition has not disclosed about the filing of the civil suit on the same subject-matter which was dismissed by the learned Civil Judge, Khushab and also the fact that the appeal filed by the petitioner was dismissed vide judgment dated 6-12-1997 by the Additional District Judge, Khushab. The petitioner is guilty of suppressing material facts and is not entitled to get any equitable relief from this Court. The perusal of the record shows that upon the complaint of the petitioner an inquiry was conducted by the A.C./Collector, Jauharabad which was found false vide order dated 12-12-1997. Another inquiry was initiated by the Additional D.C.(G), Khushab at the request of the petitioner wherein the version of the petitioner was also found false. The petitioner again approached the Commissioner, Sargodha Division Sargodha and succeeded in initiating another inquiry by, the Deputy Commissioner, Khushab who vide his order dated 28-11-1998 found the allegations false and held that the writ petitioner has all along been trying to delay the payment of Government Revenue which amount has now been increased to Rs.85,067.

3. In view of the above discussion when the petitioner has failed to establish his case before the authorities concerned and also guilty of suppressing material facts from this Court, I do not find any merit in this petition which is dismissed as such.

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