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Petitioner: MUHAMMAD AFZAL VS Respondent: MUHAMMAD ANWAR
Court Name: Board of Revenue Judge(s): Akhtar Said Title: MUHAMMAD AFZAL vs MUHAMMAD ANWAR Case No.: R. O. R. No. 1985 of 1991 Date of Judgment:1995-01-30 Reported As: 1996 MLD 645 Result: Case remanded
Judgment ORDER This petition is against the order of the District Collector dated 3-12-1990 and the order of the Additional Commissioner dated 15-9-1991. 2. The petitioner has been a lessee of 6-1/2 acres since 1967. He is landless. His lease has been extended from time to time. 3. Two acres out of his 6-1/2 acres have been reserved for the respondent who is a Chowkidar. 4. The petitioner has offered that if there is no State land available in the village he will have no objection to the reservation of these two acres for the respondent Chowkidar. Moreover, in the opinion of this Court, the Revenue Authorities may not only try to find other available State land for the respondent, but if the area has to be taken from the lease of somebody, then the two acres out of the lease of a larger lessee than the petitioner should be taken, because if this landless lessee is further reduced by two acres he may not be able to subsist. 5. I, therefore, accept this petition conditionally and send the case to the District Collector for implementing this order.