JUDGMENT MAULVI ANWARUL HAQ, J.- 76 Kanals and 4 Marlas of evacuee land situated in Tehsil Ali Pur (now Jatoi), District Muzaffargarh is stated to be in unauthorized occupation of the petitioners.
This land was put to auction on 20.9.1984 against the reserve price of Rs. 12,000/- per Acre. Several persons took part in the auction and ultimately the bid of one Chaudhry Nazir Ahmad amounting to Rs. 12,025/- per Acre was found to be highest. He was directed to deposit one-fourth of the total bid amount which comes to Rs. 29,000/-
2. The petitioners claiming right of first purchase, by virtue of letter No. 43, dated 14.10.1984 of the Provincial Government (Annex "N" to writ petition), filed an application before the Collector that they are unauthorized occupants and in terms of part 2 (B) of the said letter Annex. N, offered to pay the amount of the said highest bid. As per proceedings recorded vide a document Annex. C to the writ petition, the Collector after verifying the factum of unauthorized occupation directed that the petitioners should deposit the amount. The amount of Rs. 29,000/- was deposited by the petitioners on 20.9.1984 vide Annex. E. A note was also made on Fard Neelam' Annex. A on the same date that permission has been granted to petitioners in recognition of their first right of purchase to deposit the amount and that the amount deposited by said Chaudhry Nazir Ahmad to be returned to him. Learned counsel for the petitioners states that this clients are continuing in possession of the said land and were ready to pay the balanced amount. At some later point of time they got the information that clients of Mr. Muhammad Ramzan Khalid, Advocate are claiming to be the owners of the land. They made inquiries and found that a stamp has been affixed on 'Fard Neelam' Annex.
A stating that the auction has been cancelled vide a Commissioner's order dated 19.11.1987.
Consequently the present writ petition was filed.
3. I have heard the learned counsel for the petitioners, the learned law officer and Mr. Muhammad, Ramzan Khalid, Advocate for the newly impleaded respondents (who claimed to be the vendees from the transferees of the said land).
4. This writ petition was filed on 7.7.1994 and on several occasions, orders were passed for production of the order dated 19.11.1987 referred to in Annex. A but it was not produced. However, the learned law officer has today shown me the letter referred to in the said note stamped on Annex. A.
It states that the Commissioner has not approved the auction proceedings as the price is too low.
Learned counsel for the petitioners responds that in the first instance, the Commissioner has no jurisdiction to pass the said order and in the second instance, in good faith, his clients are ready to pay the price which according to the competent authority is proper. Learned law officer informs that the reserve price was Rs. 15, 778/- per Acre. I called upon the learned counsel whether his clients are prepared to pay the price at the said rate and he replies in affirmative.
5. Mr. Muhammad Ramzan Khalid, Advocate, on the other had argues that pursuant to the decision of this Court in Writ Petition No. 917- R/1974, dated 30.1U 1991, one Din Muhammad .Was found to hold a valid claim and it was directed that the claim be satisfied from anywhere in Punjab. This claim travelled to' Muzaffargarh and it so happened that the competent authority proceeded to transfer this very land i.e. 76 Kanals, 4 Marlas in satisfaction of the said claim holding the same to be available. Learned counsel further explains that his clients have acquired this land from said Din Muhammad by purchase.
6. The dispute between the two contestants which needs to be resolved, revolves around the question as to whether the land can be said to be available after the proceedings recorded in 'Fard Neelam' Annex. A and on the application of the petitioners Annex. C and deposit of one-fourth price vide Annex. D. Learned law officer suggests and I am in agreement with him that since the Commissioner does not figure anywhere in the scheme of the Displaced Persons and Evacuee Property Laws (Repeal) Act, 1975 and the various Schemes and Memos, issued thereunder, the matter be referred back to the concerned Notified Officer.
7. In the above state of affairs, I declare the order dated 19.11.1987 referred to in the stamped note on Annex. A and shown to me by the learned law officer today, to be without lawful authority. The result would be that both the contestants i.e. The petitioners as well as the newly added respondents being represented by Mr. Muhammad Ramzan Khalid, Advocate shall be summoned and heard by concerned Notified Officer of District Muzaffargarh so appointed under Section 2 of the said Act who shall summon the petitioners as well as the newly added respondents being represented by Mr. Muhammad Ramzan Khalid, Advocate and proceed to decide as to whether the land was available at the time when it is stated to have been transferred to Din Muhammad. In case it is held that it was not so available, the same shall be transferred to the petitioners and respondents Nos. 3 and 4 in the manner prescribed by law on payment of the reserve price i.e. Rs.
15,778/- per Acre. In case after the said sale/transfer in favour of the petitioners, some land is available in the District to satisfy the claim-of Din Muhammad, the same shall be transferred to the newly added respondents who have already paid the consideration for the land to Din Muhammad. In case no land is available then the claim shall be transferred to such other District where land is so available and consequence will be the same i.e. Available land shall be transferred to the said newly added respondents mentioned above in terms of judgment dated 3.12.1991 in W.P. No. 917-R/74.