Through this order I intend to dispose of Writ Petition No,13881 of 1998 and Writ Petition No,12595 of 1998 as both of them are based on common facts and similar relief has been claimed in both of them.
2. Briefly the facts of the case are that the petitioners claim to be landless lessees of State land detailed in Schedule-A situated in Rakh Mani of Tehsil Mankera, District Bhakkar since long on the basis of its allotment made in their favour by respondents Nos,3 and 4. At the time of partition of Sub-Continent the disputed land was part of greater Thal of Punjab comprising of number of districts i,e,. Mianwali (now included .in District Bhakkar), Jhang, Sargodha, Khushab, Muzaffargarh and District Layyah.
In order to develop the big junk of land the Thal Development Act, 1949 was passed. Numerous Schemes were undertaken for attracting the cultivators to develop the land yet big junk of barren land was left behind thus the Board of Revenue introduced landless peasant scheme who were granted 100 Kanals each for temporary cultivation. Said scheme is yet operative and landless peasants cultivating land are the lessees of Provincial Government under various notifications issued by the Board of Revenue for yearly and five years scheme and in some cases for more period.
3. The petitioners claimed that they are in possession of the State land detailed" in Schedule-A which was granted to them vide notification Annexure A. The Government issued one notification on 3-9-1979 and the other on 20-4-1983 whereby the cultivators of such land were allowed proprietary rights under their cultivation since last 3/4 years crops. According to the petitioners the land detailed in Schedule-A pursuance to the aforesaid decision of the Board of Revenue stand allotted to them being landless peasants. It is also asserted that such landless peasants case is still under consideration of the Board of Revenue. They requested for grant of proprietary rights of the leased land. They further claimed that their cease fall within the purview of Writ Petition No, 1204 of 1988 and another Writ Petition No, 206 of 1986. On the basis of aforesaid grounds they prayed to be declared eligible for grant of proprietary rights over the land leased out to them in consonance with the decision of the Board of Revenue vide notifications, dated 3-9-1979 and 20-4-1983 Annexures B and C.
4. Respondents were directed to submit report and parawise comments and the Member Board of Revenue in his explanatory note submitted the facts of the case and their status which reads as under:-- "Brief facts of the case are that the petitioners are lessees of State land situated in Rakh Mahni, Tehsil Mankera, District Bhakkar. The petitioners are of the view that being lessees of State agricultural land they are eligible for the conferment of proprietary tights upon them by the Government in pursuance of Government Notification issued by the Colonies Department on 3-9- 1979 and 20-4-1983. The petitioners applied for the grant of proprietary rights under notification, dated 19-3-1995. These applications are still pending decision before the District Collector.
(2) The petitioners claimed that they have developed the land during the period of lease and have spent heavy amount on it and are in possession of the land. They also claim to be landless peasants.
(3) Some of the petitioners filed Writ Petition No 206 of 1986 before Mr. Justice Gul Zarin Kiani, Honourable Judge of Lahore High Court, Lahore which was decided or 4-10-1994. The learned Judge in his judgment, dated 4-10-1994 held that District Collector should decide the claim of petitioners if they have already applied to the District Collector Bhakkar for grant of proprietary rights to them in respect of the land allotted and there was no reason for him to delay his decision on the said applications. Consequently the Collector of the applications it any filed by the petitioners for grant of proprietary rights to than In case the applications were not filed, it was open to the petitioners to submit fresh applications for the same purpose. Applications submitted earlier under Notifications, dated 341979 and 20-4-1983 have since been filed. The applications filed by them under the notification, dated 19-3-1995 are pending before the District Collector for determining their eligibility for conferment of proprietary rights. He has been asked to decide these without further delay."
5. The perusal of the report shows that petitioners applied for grant of proprietary rights under notification, dated 19-3-1995. Those applications are still pending decision before the District Collector. Their rights in suit property have not been determined by Collector so far. petitioners without waiting decision of Collector which 011 be subject to appeal and revision 'before Additional Commissioner and Board of Revenue have directly approached this Court through these petitions which are premature at this stage.
6. In petitioners' Writ Petition No,206 of 1986 High Court directed the District Collector to finally decide their applications for grant of proprietary rights within two months under the aforesaid notifications.. Out of fourteen lessees only four approached him for grant of proprietary rights. The claim of Sikandar and Hayat were rejected by the District Collector on 6-11-1997 and 5-1-1979 and the applications of remaining lessees are still under process with the District Collector.
7. Petitioners' counsel has not produced the ultimate decision of Writ Petition No,1204 of 1988 which was pending adjudication in this Court when these petitions were filed. I have perused the file of Writ Petition No,1204 of 1988 which shows that same was dismissed on 3-10-2000, therefore, decision of referred writ petition goes against the petitioners.
The claim of petitioners according to the comments submitted by District Collector ,is still under adjudication before him. No final order on the applications of petitioners for grant of proprietary rights has been passed so far. These petitions for the reasons discussed above are premature and are dismissed.