ABDUL GHAFOOR vs The STATE/ABDUL RASHEED Ss — 2026 CLC 629 BOARD-OF-REVENUE-PUNJAB

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ABDUL GHAFOOR VS The STATE/ABDUL RASHEED Ss. 19, 32 & 34---allotted land under Cooperative Farming Scheme---Proprietary rights, grant of---Propriety and procedure---allottee selling/subletting land---Legality---Record (including reports of the revenue field staff) revealed that the predecessor of the respondents was allotted State land in-question owned by the Provincial Government under Cooperative Farming Scheme in 1956---Respondents claimed that the District Collector, in the year 1986, granted the PRs to said predecessor but they could not adduce original orders---In 2008, the revenue fieldstaff without seeking permission from the District Collector, passed the inheritance mutation illegally in favour of the legal heirs of predecessor---The respondents kept silent from 1986 to 2014 which made the case extremely doubtful, and then filed writ petition in pursuance of which proceedings, the District Collector constituted a Committee for probing existence of the allotment order---Said Inquiry Committee recommended that in absence of the original allotment orders and proper advice of the Cooperatives Department, conveyance deed cannot be issued ;accordingly, the aDC (R) on the report of Inquiry Committee and non-availability of original allotment letter and order for grant of PRs, rejected the application of the defendants in the year 2019 after providing opportunities to them (respondents) for provision of evidence or any advice from the Cooperative Society to prove their version and rejected the application of the defendants---Later on, on the application of the appellant, the aDC (R) obtained report from the Colony assistant, which revealed that the impugned land was not under possession and cultivation of the legal heirs of the allottee--It was also proven, and admitted, by the respondents, that they had sold the State land to the other respondents (Nos.5-11) illegally and in blatant disregard of S.19 of the Colonization of Government Lands (Punjab) act, 1912 ('the act 1912') vide which no Government land can be sold without approval of the Commissioner and before issuance of the conveyance deed---The aDC (R), on account of violation of terms and conditions of the allotment, resumed the land in favour of the State with direction to the assistant Commissioner to retrieve the State land from the illegal encroachers and impose tawan for illicit cultivation upon them---Despite such irregularities, the additional Commissioner while issuing the ex-parte impugned order, wrongly presumed that the act, 1912 was not applicable in the instant case---Not affording hearing opportunity to the person who provided all proofs, and challenged illegalities committed by the respondents in collusion with field staff was questionable---The legal position was also checked from the Colonies Department, Board of Revenue, which had underscored that all such lands fell, and were allotted, under the act 1912; hence, the provisions of the act 1912 were equally applicable---Thus, the allottees could not sell or sublet the land allloted under Cooperatives Department Societies before issuance of PRs and conveyance deed and without approval of the Commissioner---Respondents could not point out any infringement of their rights nor could rebut the facts and legal position---Member-Board of Revenue set-aside the impugned orders passed by the additional Commissioner (Revenue) being not sustainable in the eyes of law; resultantly, the orders passed by the additional Deputy Commissioner (Revenue) were upheld with the direction to the District Collector to resume the State land in favour of the state and retrieve the same from illegal encroachers imposing maximum tawan----Revision was accepted.

ABDUL GHAFOOR vs The STATE/ABDUL RASHEED Ss — 2026 CLC 629 BOARD-OF-REVENUE-PUNJAB

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