FEROZE BIBI Versus SETTLEMENT COMMISSIONER (LAND)

ORDER

1. WAHIDUDDIN AHMAD, J.‑ ‑One Mst. Gohar Bibi widow of Sahib Din an allottee from Jammu and Kashmir State was issued a ration card to draw free ration. After the scheme for distribution of free ration was stopped, she was allotted land in lieu of ration for subsistence allowance. After her death the land remained in possession of another person and on the complaint filed by an interested party the same was resumed on the ground that since the allotment was for subsistence purposes only and no family member was to derive benefit out of the same, therefore, the legal heirs of Mst. Gohar Bibi could not inherit the land.

2. Later on, however, the petitioner who is the daughter of Mst. Gohar Bibi, made an application that the land may be allowed to remain with her as the legal heir of Mst. Gohar Bibi. This prayer was turned down by the Settlement Authorities. The matter was taken in the Lahore High Court in writ petition No.652/R of 1972 and a learned Single Judge of the High Court, by order dated the 2nd July, 1973, dismissed the writ petition. The petitioner seeks permission to file an appeal against the said order.

3. Mr.Abdul Majeed Khan, learned counsel for the petitioner, has contended that under clause 4‑A of the Rehabilitation Scheme, the land allotted to the Jammu and Kashmir refugees is exempted from further allotment. The learned counsel for the petitioner was unable to point out that the land in dispute has been allotted to anybody. In these circumstances, this provision has no application. Further the learned counsel for the petitioner was unable to satisfy us, that the allotment made to Jammu and Kashmir refugees is heritable.

4. In these circumstances, there is no force in the petition. The petition is dismissed.

5. S. Q. /F‑43/S Petition dismissed.