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Petitioner: ALI KHAN VS Respondent: THE STATE And ANOTHER
Court Name: Board of Revenue Judge(s): Riaz Ali Title: ALI KHAN vs THE STATE And ANOTHER Case No.: R. O. R. No. 16 of 1995 Date of Judgment:1995-04-12 Reported As: 1997 CLC 1203 Result: Order accordingly
Judgment ORDER This appeal has been filed against the order dated 14-2-1995, whereby the District Collector, Khanewal refused to grant permission to the petitioner for selling the land in dispute. 2. Brief facts of the case are that the petitioner was allotted state land in dispute in Chak No.56/10- R, Tehsil Jahanian under Grow More Food Scheme and proprietary rights were also allowed to him. Owing to his constant illness he could not deposit the price. He, therefore, applied to the District Collector, Khanewal for permission to sell the said land under Section 19 of Colonization of Government Lands Act, 1912 to Shahid Imran. The District Collector, refused to permission and served a notice to the petitioner for cancellation of the lease, vide his order dated 14-2-1995. Hence this appeal before this Court. 3 1 have heard the arguments of the learned counsel for the petitioner and have perused the record available in this file. 4.In this case, District Collector, has rightly refused permission to sell the land in dispute by the petitioner, because the petitioner does not intend to undertake cultivation to earn his livelihood. The purpose of the Government to A provide source of livelihood to the such persons would thus be defeated. So far as the notice issued by the District Collector, for cancellation of the lease in dispute, it is felt to be harsh step to depriving the petitioner of his legal rights. Keeping in view this poor economic condition lapse of non-payment of dues is condoned and the petitioner is directed to deposit the price of the land within three months from the receipt of this order. 5.With the above observations, the appeal is disposed of accordingly.