MUHAMMAD AMIR Versus MEMBER (COLONIES) BOARD OF REVENUE, WEST

SAJJAD AHMAD, J.-The petitioner's father was a temporary Lambardar of Chak No. 125/6-R, Tehsil Fortabbas, District Bahawalnagar, and was allotted 12 acres, 2 kanals and 18 marlas of land as a lambardari grant in 1936 which was held by him till his death which occurred on 19-8-1955. Being a temporary Lambardar, he could not acquire proprietary rights in the land of his grant, as that concession was available only to the permanent Lambardars.

The petitioner succeeded his father as a temporary Lambardar and enjoyed the lambardari grant. He became a, permanent Lambardar on the 25th of October 1958, and on the following day, that is, on the 26th of October 1958, he filed an appli--cation for permission to deposit the requisite amount for the acquisition of proprietary rights in accordance with the Schedule of rates approved by the former Bahawalpur Government which, he alleged, was Rs. 130 per acre. The Commissioner fixed the price at Rs. 800 per acre, which was confirmed by the Board of Revenue. An offer was made to the petitioner to acquire the proprietary rights on that price or, in the alternative, to have it on Pedigree Live Stock Breeding Scheme. The petitioner refused the offer, insisting to acquire the land on his own quoted price of Rs. 130 per acre. In the result, the Board of Revenue ordered on the 29th of November 1960, that the land be resumed. The resumption mutation was sanctioned on the 30th of March 1961.

The petitioner challenged the order of the Board of Revenue by a writ petition in the High Court which has been dismissed in limine on the ground that the petitioner had no vested right to acquire proprietary right on a price which he proposed to pay and that it was not a case for exercises of writ jurisdiction by the High Court in his favour.

The view of the High Court is unexceptionable. It is well settled that a grant is a favour and not a vested right and therefore a grantee who is a beneficiary cannot set up his own conditions in receiving a grant. 7 he record shows that on the 15th of March 1960, the Board of Revenue vide their Memo. No. 769/60/1343-C, had directed that the policy with regard to acquisition of proprietary rights in the Bahawalpur Division was to be the same as laid down in Memo. No. Col.-10/12-56 dated the 8th of August 1956, Annexure F/2, for such grantsNili Bar Colony, fixing the upset price at Rs. 800 per acre.

Even if the petitioner's contention were to be accepted that at one time the price for acquisition of proprietary rights in lambardari grants was fixed at Rs. 130 per acre, it cannot be held to be an irrevocable price for all time. The Government is certainly within its rights to revise its policies in regard to such grants and cannot remain tied down to policies formulated earlier and which do not create any vested right in favour of anyone.

We see no merit in this petition which is dismissed.