ORDER SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIAL-I)- The revenue field staff submitted a report through Naib-Tehsildar, Chichawatni on 5th of November, 1996 to the effect that Rab Nawaz son of Allah Dad, lessee of state land under Temporary Cultivation Lease Scheme measuring 104 Kanals, comprising Square No. 5, Killa Nos. 13/1, 13/2, 14 to 25 situated in Chak No. 74/12-L, Tehsil Chichawatni had cultivated land to the extent of 55 per cent and in Rabi 1993, he had cultivated more than 25 per cent of the total leased land. District Collector relied on the report of Magistrate 1st Class, Chichawatni dated 31st October, 1998 wherein it was reported that the lessee had not made any effort to develop the land and on Square No. 5, Khasra Nos. 16, 17, 23, 24, 25 and 18/2 at site, stood naturally grown the crop of Tara Meera and rejected the application of the petitioner for grant of proprietary rights vide order dated 15.12.1998. The petitioner filed an application for review which, however, was later on withdrawn by him and instead appeal was filed before Commissioner, Multan Division, which was disposed of vide his order dated 15th of September, 1999 with the following observation:- "Perusal of the impugned order indicates that the appellant has not made any effort to make the land culturable because most of the land is lying in the shape of 'Ghair Mumkin Tibba'. Further, the land has not been cultivated up to 25 percent in the crucial harvest i.e. Rabi, 1993 while it is a mandatory provision for the eligibility of an allottee (to acquire proprietary rights)."
2. The learned counsel for the petitioner stated that para 4, clause (c) of the Colonies Department Notification dated 19th March, 1995 lays down the condition for grant of proprietary rights in the context of percentage of the leased land to be under cultivation. For facility of reference, the said provision is reproduced:- "4. Ineligibility.
No person shall be granted proprietary rights in State land under these conditions if:- (a)........
(b) .........
(c) did not cultivate 25% of the total leased out land since before Kharif, 1993.
It is his contention that the Revenue field staff on the basis of entries of Revenue record reported to District Collector that the application had put more than 25 percent of the leased land under cultivation. Presumption of truth, it was stated, is attached to the entries of Revenue record as against the report submitted by Magistrate 1st Class.
3. I have given careful consideration to the arguments of learned counsel for the petitioner and examined the record. I am inclined to hold the view that District Collector ought to have examined entries of Register Girdawari for satisfying himself that the lessee had cultivated more than 25 percent of the leased land to become eligible for grant of proprietary rights. In this view of the matter, the case is remitted to District Collector for decision afresh. In case he feels that the entries of Revenue record are not correct, he should take steps to rectify the error in recording and then decide the application of the petition.