-Change of status of graveyard land by district collector--Alternate price of land--Occupation of land without allotment-

 PLJ 2022 Lahore 5

West Pakistan Land Revenue Act, 1967 (XVII of 1967)--

----S. 164--Cognizance of--Member Board of Revenue on its own motion can take cognizance of any matter.      [P. 7] A

West Pakistan Land Revenue Act, 1967 (XVII of 1967)--

----S. 164--Reservation of state land for graveyard--Mutation was corporate in revenue record--Change of status of graveyard land by district collector--Alternate price of land--Occupation of land without allotment--Illegal occupation--Petitioner is occupying state land without holding allotment order, his possession over state land is that of an illegal occupant, petitioner has come to this Court with soiled hands and is disentitled for any discretionary relief as law extends nil support to illegal occupant, encroachers and land grabbers--Counsel for petitioner has not been able to point out any illegality or material irregularity in impugned orders and has also not identified any jurisdictional defect calling for interference by this Court--Petition dismissed. [Pp. 7 & 8] B & C

2014 SCMR 1351 and 2014 SCMR 334 ref.

Mr. Khalid Masood Ghani, Advocate for Petitioners

Malik Altaf Hussain Rawn, Assistant Advocate General and Ch. Muhammad Rafique Arain, Advocate for Respondents.

Date of hearing: 23.6.2021.

 PLJ 2022 Lahore 5
[Multan Bench, Multan]
Present: Ch. Muhammad Iqbal, J.
NAZIR AHMAD and another--Petitioners
versus
DISTRICT OFFICER (REVENUE), VEHARI and others--Respondents
W.P. No. 9265 of 2011, heard on 23.6.2021.

Judgment

Through this writ petition, the petitioner has challenged the order dated 22.11.2010, passed by the Senior Member, Board of Revenue, Punjab on the application of Abdul Rehman etc., Respondents No. 3 to 15, and the order dated 11.07.2011, passed by the Senior Member, Board of Revenue who dismissed the review petition of the Respondent No. 3.

2. Brief facts of the case are that the on the application of the inhabitants of Chak No. 473/E.B, Burewala, District Collector, Vehari vide order dated 19.01.1993 reserved state land measuring 31 Kanal 6 Marla comprising Khasra Nos. 41/11/2, 12/2, 13/2, 18/2, 19/1, 20/1, 22/2, 23/1 for graveyard and Mutation Nos. 504 & 505 dated 29.06.1993 were also incorporated in the revenue record. Thereafter, on the application of Respondent No. 16, Bashir Ahmad, the District Collector, Vehari vide order dated 09.10.1995 changed the status of the aforesaid land from graveyard to school whereas another piece of state land measuring 35 Kanal 05 Marla comprising Khasra Nos. 54/14/2, 15/1, 16, 17/1, 32/2, 24, 25 was reserved for graveyard. Against order dated 09.10.1995, petitioner No. 1 filed an appeal which was accepted by the Additional Commissioner (Revenue), Multan Division, Multan vide order dated 23.09.1997 and order dated 09.10.1995 was set aside. Against the said order, Respondent No. 16 filed a revision petition before the Board of Revenue which was dismissed for non-prosecution on 03.10.1998.

Respondents No. 3 to 15 filed an application before the Senior Member, Board of Revenue for changing the status of reserved land for graveyard and school which was dismissed vide order dated 22.11.2020. Respondent No. 3 filed a review application which was also dismissed by the Senior Member, Board of Revenue on 11.07.2011. Hence, this writ petition.

3. I have heard the arguments of learned counsels for the parties and have gone through the record with their able assistance.

4. Admittedly, on the application of the inhabitants of Chak No. 473/E.B, Burewala, District Collector, Vehari vide order dated 19.01.1993 reserved state land measuring 31 Kanal 6 Marla comprising Khasra Nos. 41/11/2, 12/2, 13/2, 18/2, 19/1, 20/1, 22/2, 23/1 for graveyard and Mutation Nos. 504 & 505 dated 29.06.1993 were incorporated in the revenue record. Thereafter the District Collector, Vehari vide order dated 09.10.1995 changed the status of the aforesaid land from graveyard to school whereas an alternative piece of state land measuring 35 Kanal 05 Marla comprising Khasra Nos. 54/14/2, 15/1, 16, 17/1, 32/2, 24, 25 in the same village was reserved for graveyard. The aforesaid order dated 09.10.1995 for change of status of the reserved land was set aside by the Additional Commissioner (Revenue), Multan Division, Multan by accepting the appeal of the Petitioner No. 1 vide order dated 23.09.1997 and earlier order dated 19.01.1993 was restored/upheld. Against the said order, Respondent No. 16 filed revision petition but the same was dismissed due to non-prosecution on 03.10.1998.

5. Thereafter, Respondent No. 3 filed an application before the Senior Member, Board of Revenue for change of the status of the aforesaid pieces of land of graveyard and school. He also filed a Writ Petition No. 11634/2010 wherein this Court passed direction on 29.10.2010 to the Senior Member, Board of Revenue to decide the application within seven days. In compliance of the said direction, the Senior Member, Board of Revenue, Punjab summoned reports from the concerned revenue officers, heard the parties, set aside the previous orders of the lower fora and finally reserved the state land for public purposes as follows:

1	Land reserved for graveyard	Square No. 54, Killa Nos. 4/2,5, 6, 7/1, 14/2 and 15, 16 and 17/1
2	Land reserved for expansion of Girls School	Square No. 41, 11/2, 12/2, 13/2, 18/2, 19/1,20/1,225/2, and 23/1

Even otherwise, under Section 164 of the West Pakistan Land Revenue Act, 1967, the Member Board of Revenue on its own motion can take cognizance of any matter.

6. The Senior Member, Board of Revenue has observed in the impugned order dated 22.11.2010 that the present petitioner and others have illegally occupied the state land (graveyard) and initiated frivolous miscellaneous litigation in order to prolong their possession. Admittedly the petitioner is occupying the state land without holding allotment order, his possession over the state land is that of an illegal occupant, as such, the petitioner has come to this Court with soiled hands and is disentitled for any discretionary relief as law extends nill support to the illegal occupant, encroachers and land grabbers. The Hon'ble Supreme Court of Pakistan in a case titled as Shazia Gillani etc. vs. Board of Revenue, Punjab, Lahore through Member Colonies, etc. (in C.P. No. 732-L of 2016) has held that there is no protection to possession of usurpers of state property vide order dated 25.03.2016 and held as under:

"The discretion of the learned High Court in terms of Article 199 of the Constitution or this Court as per Article 185 of the

Constitution is not available for the protection of possession of people who are usurpers of state property. No case has been made out for interference. Dismissed accordingly."

(emphasis supplied)

In another case, the Hon'ble Supreme Court of Pakistan in Civil Petition No. 882-L of 2015 vide order dated 15.03.2017 held as under:

"2. We find that in the light of above circumstances, the learned High Court rightly allowed the writ petition of the respondents and restored possession of the property to them, and correctly dismissed the writ petition of the instant petitioners, who are admitted encroachers of the property and are in unauthorized possession therefore. Resultantly, this petition is dismissed."

(emphasis supplied)

Reliance is placed on the cases reported as Fazalur Rehman and others vs. Province of Punjab through District Officer (Revenue), Bhakkar and another (2014 SCMR 1351) and Muhammad Sharif through L.Rs vs. Province of Punjab through District Officer Revenue, Pakpattan (2014 SCMR 334).

7. Learned counsel for the petitioner has not been able to point out any illegality or material irregularity in the impugned orders and has also not identified any jurisdictional defect calling for interference by this Court.

8. Resultantly, this writ petition being devoid of any force is hereby dismissed.

(Y.A.)  Petition dismissed