MANZOOR AHMAD vs The GOVERNMENT OF PUNJAB Ss — 2022 YLR 872 LAHORE-HIGH-COURT-LAHORE

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MANZOOR AHMAD VS The GOVERNMENT OF PUNJAB Ss. 175, 39(2)(b) & 184(3)(a)---Common welfare of the inhabitants of the village---Shamlat Deh reserved for Charagah--- Scope--- Construction of Government School on the said land (Shamlat Deh)---Petitioners (fourteen in number) assailed before the concerned Assistant Commissioner the mutation incorporated for the purpose of construction of the school by the Authority on the subject land (Shamlat Deh)---Assistant Commissioner dismissed the appeal filed by the petitioners, which order was maintained by the Additional Commissioner as well as Member Board of Revenue---Respondents (inhabitants of the village), who had also invoked constitutional jurisdiction of the High Court separately, contended that the petitioners themselves were illegal occupants on the land for Charagah---Question was whether or not the disputed land transferred through mutation-in-question was Shamalat Deh or whether the same was reserved for Charagah through the Wajib-ul-Arz---Validity---Record revealed that majority of the inhabitants of the area appended their signatures and thumb impression at the time of the mutation-in-question---Respondents had not only showed their preference for construction of School on the land-in-question but also had stated that the petitioners were in illegal occupation of land for Charagah---Petitioners and only one inhabitant out of the entire body (640) of land owners filed the appeal against the sanctioning of the mutation-in-question---All the forums below (Revenue Courts) also concluded that the petitioners were illegal encroachers on the land designated as Charagah---Said forums also arrived at the conclusion that land-in-question formed part of Charagah which was meant for the common welfare of the inhabitants of the village and as per S. 175 of the Punjab Land Revenue Act, 1967 ('the Act 1967'), the same could not be occupied by any particular person---Revenue record (Wajib-ul-Arz relied upon by the respondents and Register Haqdaran Zamin) had also confirmed the land-in-question as Charagah---Said Wajib-ul-Arz reflected the custom of the area regarding the land-in-question being used as Charagah---Petitioners did not challenge the entries of the Wajib-ul-Arz before any forum below ---Even the grounds of present constitutional petition did not assail the custom mentioned in the Wajib-ul-Arz regarding the status of Charagah---Wajib-ul-Arz in question carved out an area of 851 Kanal 15 Marla out of the Shamlat Deh for Charagah, which was a common land---Petitioners having never disputed the entries of the Wajib-ul-Arz before any forum, they had no right to occupy the same---Petitioners had failed to make out any case for interference of the High Court in the impugned order passed by the Member Board of Revenue dismissing their revision against the concurrent orders passed by the concerned Assistant Commissioner and Additional Commissioner---High Court directed that as the petitioners were encroachers on land for Charagah, therefore, Revenue Authorities shall take necessary steps for retrieving the said land of Charagah from them---Constitutional petition was dismissed, in circumstances .

MANZOOR AHMAD vs The GOVERNMENT OF PUNJAB Ss — 2022 YLR 872 LAHORE-HIGH-COURT-LAHORE

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