WARRAYAM Versus SETTLEMENT COMMISSIONER (LAND)
This petition for leave to appeal arises out of an order passed by the Lahore High Court in a land settlement dispute. The petitioners purchased litigated property originally allotted to respondent No. 4 against claim forms. Subsequently, respondents 2 and 3 filed a Mukhbari application before the Chief Settlement Commissioner (Land), who cancelled the allotment on the ground that the claim forms lacked a valid transfer order to the district. The Lahore High Court declared the cancellation without lawful authority and remanded the matter to determine the original allottee's entitlement and any excess area for re-allotment to the informant. The core legal question concerned the maintainability and validity of the Mukhbari proceedings and the subsequent remand. The Supreme Court held that the Displaced Persons (Land Settlement) Act, 1958 was repealed in July 1974, leaving no provision for moving a Mukhbari application thereafter, and noted that persons named in the application were already dead. Finding no cause to interfere with the remand order, the Supreme Court dismissed the petition.
- Whether a Mukhbari application is maintainable after the repeal of the Displaced Persons (Land Settlement) Act, 1958?
- Can an allotment be cancelled on the basis of a Mukhbari application filed after July 1974?
- Section 33, Displaced Persons (Land Settlement) Act, 1958
MUKHTAR AHMED JUNEJO, J.--- Present petitioners purchased the property in litigation from Rao Aftab Ali Khan (respondent No.4 herein) which was allotted to him against his Claims Nos.773 and 774 in District Sheikhupura. Against the allotment of disputed land to Rao Aftab Ali Khan, respondents 2 and 3 (Muhammad Boota and Nazir Ahmed) moved Mukhbari application to the Chief Settlement Commissioner (Land). The Chief Settlement Commissioner (Land) under his order dated 27-1-1981 cancelled the land obtained by Rao Aftab Ali Khan in District Sheikhupura against Claim Forms Nos.773 and 774 on the ground that such claim forms were sent to Hyderabad District and there was no order about the transfer of such claim forms to Sheikhupura District. Such order dated 27-1-1981 was assailed .by the petitioners in Writ Petition No.390-R/1981 in the Lahore High Court. Under the impugned order, learned Single Judge of the Lahore High Court remanded the matter to the Chief Settlement Commissioner/MBR/Notified Officer to go into the question and determine the entitlement of original allottee as against his Claim Forms No.773, 774 and 1004 and to determine if there was any excess area allotted to the original claimant and, if so, the same should be re-allotted to Muhammad Boota respondent No.2 who was Mukhbar, subject to entitlement. With this the order dated 27-1-1981 was declared to be without lawful authority and of no legal effect. Fence this petition for leave to appeal.
2. We have heard Mr: Muhammad Yaqoob Sidhu, learned counsel for the petitioners and have perused the record of the case.
3. It is worthy to be noted that the Displaced Persons (Land Settlement) Act, 1958 was repealed with effect from July, 1974 and after said date there was no provision for moving Mukhbari application. It has also come on record that names of Mirza and Din Muhammad mentioned in the Mukhbari application, were already dead when such application was inserted in the record.
4. However, the matter has already been remanded to the Chief Settlement Commissioner who has yet to decide the points at issue. The impugned order does not call for interference: This petition stands dismissed.
A.A.IW-141/S Petition dismissed.