NISAR HUSSAIN SHAH Versus EXTRA ASSISTANT COMMISSIONER

ORDER

SAAD SAOOD JAN, J. ---Mst. Fateh Begum was a refugee from the State of Jammu and Khasmir. She was allotted land in village Dhala by way of maintenance. On the representation of the petitioner that Mst. Fateh Begum had died, the allotment held by her was given to him. Mst. Fateh Begum sent a petition to the Chief Minister with the allegations that she had been fraudulently deprived of her allotment on account of the misrepresentation made by the petitioner. On this petition a regular inquiry was held. The inquiry officer found:

On the basis of the inquiry report the allotment made in favour of the petitioner was cancelled and the land was given back to Mst. Fateh Begum. The petitioner filed a writ petition in the High Court. It was dismissed. He now seeks leave to appeal from this Court.

2. The case of the petitioner is that Mst. Fateh Begum to whom the allotment was initially made, was a different person from Mst: Fateh Begum who had moved the petition before the Chief Minister. The evidence on record does not support this contention. It is to be noticed that the members of the family of Mst. Fateh Begum in whose favour the allotment was made are mentioned in the record of the Rehabilitation Authorities. It is not the case of the petitioner that these members did not belong to the family of that Mst. Fateh Begum who had moved the petition before the Chief Minister. This petition is without any merit and is hereby dismissed.

H.B.T./N-225/S Petition dismissed.