Syed MAZHAR HUSSAIN SHAH through L.Rs,s vs MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and otherss

ORDER

' M. JAVED BUTTAR, J.--- This petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, is directed against the judgment dated 2-5-2001 passed by a learned Single Judge of Lahore High Court, Lahore whereby Writ Petition No,284 of 1984, instituted by the deceased petitioner was dismissed.

2. We have heard the learned counsel for the successors of the deceased petitioner and have also gone through the documents attached with this petition.

3. Syed Mazhar Hussain, the deceased petitioner, was allotted State land under Grow More Food Scheme on 24-11-1956, in Tehsil Jaranwala District Faisalabad in 1961 the land under the allotment was included in the Scheme of temporary cultivation. The petitioner, therefore, applied for the allotment of alternate State land under the Government instructions dated 26-4-1971 detailed in the impugned judgment. The Collector, Faisalabad, vide his order dated 22-11-1973 declared him eligible to get the alternate land and he was allotted the land in dispute on 22-12-1973. The proprietary rights of the same were conferred on him on 23-12-1980. On the complaint of the locals that the deceased petitioner had not fulfilled the terms and conditions of his original tenancy, therefore, he was not eligible to get alternate land and proprietary rights, the Collector entrusted the complaint to EAC(R), Faisalabad who submitted report to the Collector to the effect that the allottee was not in self-cultivation of his original tenancy and had secured the orders of alternate land through interpolations in the entries in the Khasra Girdawari by means of ink remover and fake entries in the Revenue Record in his favor through the concerned Patwari. The permission for the review of orders dated 22-11-1973, 22-12-1973 and 23-12-1980 was obtained from the Commissioner.

The Deputy Commissioner/Collector, Faisalabad, after hearing the allottee vide his order dated 16- 4-1983 gave a findings that the entries had been manipulated by the ink remover in order to obtain undue benefit of alternate land and that the allottee had forged the said entries in connivance with the field staff. Consequently, it was held that he (the deceased petitioner) was not eligible for the alternate allotment and the proprietary rights thereof. The above mentioned orders were reviewed, the allotment was cancelled and the land was resumed in favor of the State. The Commissioner, Faisalabad Division, Faisalabad vide his order, dated 22-11-1983, dismissed the appeal of the deceased petitioner. He arrived at the conclusion that the interpolation had been made in the Revenue Record with the connivance of field staff and the alternate allotment had been secured through fraud and misrepresentation and issued the necessary directions for the registration of case against Mazhar Hussain Shah and the concerned revenue field staff for making interpolations in the Revenue Record. The revision petition (ROR No,2597 of 1983) of the deceased petitioner was dismissed by Member (Colonies), Board of Revenue, Punjab, Lahore on 3-1-1984. He affirmed the concurrent findings of the forums below. In this background, the Constitution petition was dismissed through impugned judgment with an observations that the writ petitioner was granted ample opportunity .To rebut the allegations qua interpolations in the Revenue Record with the connivance of Patwari before three Tribunals below but he had failed to discharge his onus. It was held that the High Court had no jurisdiction to substitute its own findings for the findings recorded by the Tribunals below. The learned counsel for the petitioners has not been able to point out any illegality in the impugned judgment, which in our view is unexceptionable.

4. In view of the above, we find no merit in this petition which is accordingly dismissed and .