(A) Letter No. 10248|S dated the 22nd
August, 1950 from the Financial Commissioner, Relief and Rehabilitation,
Punjab, to all the Deputy Commissioners in the Punjab.
Instructions governing the filing and disposal of applications for review and revision of the quasi-permanent allotment of land, forwarded to you with Under Secretary to the Financial Commissioner, Relief and Rehabilitation’s D.O. letter No. 7190-7202|S dated the 26th June, 1950, have since been amended. Two copies of the amended instructions in English are enclosed. Printed copies both in English and Urdu will be sent separately. While implementing these instructions the procedure noted in the following paragraphs should be followed :-
2. Receipts for applications. Receipts should be issued in the enclosed form for all application for review received after 1st July 1950. Booklets containing 100 foils and counterfoils of the printed forms of receipts were supplied to the staff of each district during land resettlement operations at Jullundur. Care should be exercised that each receipt bears a proper serial number of both the booklet and the receipt. In case any more printed forms are required, these may be requisitioned from the Registrar, Land claims.
3. Action on applications received. The last date for receiving review applications is 30th September 1950. In the months of August and September, the revenue officers will be busy with the allotment of houses and distribution of taccavi loans etc. During these months applications should be sorted village- wise, and classified category-wise, and reports obtained from the Registrar, Land Claims or the revenue officer concerned. If the parties have to offer any documentary evidence that too should be received and where possible and necessary inspection of land should also be made. By the first week of October, it will be known how many applications have been received in the various districts under various categories, and then action can be taken.
4. Procedure for filling applications concerning land rights. Under para 9(1) of instructions governing the filing and disposal of applications for review and revision of the quasi-permanent allotment of land, the Deputy Commissioners or the Additional Deputy Commissioners are required to pass orders after ascertaining the relevant facts from the Registrar, Land Claims, if necessary. If files containing valuable documents are passed through dak by the Registrar, Land claims, it is likely that in many cases losses may occur which will be irretrievable. It has, therefore, been decided that the Additional Deputy Commissioner or the Revenue Assistant (R) may visit the Secretariat according to a programme, which will be drawn by the Registrar, Land Claims. The Registrar, Land Claims will direct the Assistant Registrar, Land Claims concerned to prepare an area statement in the enclosed form and to supply any other necessary information in each case. The Registrar, Land Claims and his staff will make a serious effort to complete the cases, which are brought to him, and if any arrears are left, they should be disposed of in the next turn.
5. Engagement of lawyers. Ordinarily, laywers need not be allowed to appear in these cases. However, in land right cases where documents are filed and the cases are of a complicated nature, permission may be given to pleaders to appear for the parties.
6. Notice to parties affected. Any person, who may be affected adversely if the application for review and revision is accepted, should be given an opportunity to be heard in person.
7. What means substantial injustice. The term substantial injustice in paragraph 10 of the instructions cannot be defined exactly. The following illustrations are given of what amounts to substantial injustice:-
(i) Temporary allottees entitled to allotment according to allocation, grade and area, wrongly ousted.
Where a temporary allottee who is entitle who is entitled to allotment of land in the village of his temporary allotment on the points allocation, grade, area and his choice, is unjustly ousted from that village, substantial injustice will be considered to have been done to such sitting allottee.
(ii)
Consolidation of close relations.
Where a person duly presented an application with all formalities within the prescribed time limit for consolidation with his close relations under Instructions R - 101 and his application was ignored or rejected and some other non-sitting allottee has been introduced into the village, it will amount to substantial injustice.
(iii)
Allotment against the scheme of allocation.
If a person is allotted land against the rues of allocation and sub-allocation without the special permission of competent authority, it would amount to substantial injustice to a person who was entitled to and has not been given land in that area of allocation. Such allotments should be cancelled or regularised by obtaining the sanction of competent authority, even if there is no application of review or revision against them.
(iv)
Superior grade claimants of land ignored in favour of inferior grade
claimants.
If a person entitled to grade II or III land is allotted land in grade I village which is not his ancestral village in a particular district where the claims of first grade allottees have not been fully met, claimant of grade I land can apply for allotment in such a village at the expense of inferior grade allottee as allotment in favour of such persons amounts to substantial injustice to superior grade claimants of land.
(v) If a person complains that in the distribution of fields his name was not arranged alphabetically according to instructions, it would be considered a case of substantial injustice.
8. Instructions for review and revision of allotment of houses in rural areas have also been included at the end of the amended set of instructions for review and revision of allotment of land.
(B) Letter dated the 19th October 1950 from the Director General Rehabilitation (Rural), Punjab, Jullundur.
Supplementary instructions were issued in memorandum No. 10248|S, dated the 22nd August 1950. The following instructions are further issued for the guidance of Resettlement Officers:-
1. Applications, which affect the movement of parcha, claims from Punjab to Pepsu and vice versa or from one district of Punjab or Pepsu to another district or Punjab or Pepsu should be taken up first. Such applications fall under three categories:-
(i) Category F. Applications for consolidation of allotment made in different places for want of consolidation of parcha claims of different villages.
Applications of this category are being received by the Director General, Rehabilitation at the Secretariat and applications which were received before 28th September, 1950, have been disposed of and order have been communicated to the districts concerned. These orders will be implemented at the time of adjustments. The applications of this category, which are pending, will be examined by the superintendent of the Appeals Branch and will be dealt with on form VI. A village wise register showing evacuee area made available by cancellations etc. will be maintained.
(ii)
Category D, Applications for exchange between land allotted to an individual
and unallotted land allotted to an individual and unallotted land lying at the
disposal of the Custodian.
In cases under this category when the land wanted in exchange lies in a district of Pepsu, the application for exchange should be in the first instance made to the Director General Rural Rehabilitation who will pass orders after consultation with the Director, Rural Rehabilitation, Pepsu. All such applications which have been received will be sent to the Director, Rural Rehabilitation, Pepsu, for his comments.
Application which relate to the district of Punjab will be passed on the Deputy Commissioners concerned who will obtain reports from the Revenue Assistant (Reh.) with regard to the desirability of allowing the exchange or not. In the case of applications for exchange of land within a village, reliance should not be placed only on the report of the patwari but spot inspection should be made by a revenue officer who should certify the facts. Such applications are usually given by persons who have been allotted inferior land and the competition would be between such allottees and persons who require areas as a result of decision of their applications for ‘Land Rights’, or this area may be required for adjustments otherwise or for allotment to persons whose claims have not been allocated. In many cases competition will be between persons whose claims are lying unallocated and persons who desire exchange. Where an allottee has been given fairly good land of average quality and he has filed an application only with a view to improve his allotment, his application deserves to be rejected, and a person who has not been able to get any land deserves preference. However, where a first grade or second grade allottee has been given a uniformly inferior area such as area covered by sand on account of existence of sand dunes or chos, or area under river action, or chhamb, or kalar-affected area, his case deserves sympathetic consideration.
(iii) Application under category (B) fall under the following two sub-categories.
(1)
Those pertaining to allocation of area for the purpose of resettlement; and
(2)
Those pertaining to allotment of villages.
Applications of sub-category (1) are usually from persons who are entitled to superior grade land but have been allotted land in inferior grade villages against persons who have been allotted land outside their areas of allocation or sub-allocation. For example, a colonist of Hoshiarpur who is entitled to first grade land and who have been allotted land in a III or a IV grade village can apply that a colonists of Lahore who has been wrongly allotted land in a particular village in district Hoshiarpur be ousted and he may be provided land. Or a person who has been given allotment against allocation may himself apply for cancellation of allotment and with the request that he may be provided area in a village according to his allocation. Many such applications have been received and orders have been passed from time to time. The remaining applications of this category which are pending in the Public Section or with the Deputy Commissioners should be examined and applications which are to be rejected and those which are to be recommended for acceptance should be forwarded to the Director General, Rehabilitation (Rural) by the 15th November, 1950. Such applications will be usually all contested. On the one side there will be allottees who seek allotment and on the other hand there will be allottees who will resist being ousted. Form I is devised for dealing with such applications.
Applications of Sub-Category (2). In letter No. 10248|S. dated the 22nd August, 1950, copy enclosed, the term substantial injustice is defined as follows:
(i)
Temporary allottees entitled to allotment according to allocation grade and
area wrongly ousted.
Where a temporary allottee who is entitled to allotment of land in the village of his temporary allotment on the point of allocation, grade, area and his choice, is unjustly ousted from that village, substantial injustice will be considered to have been done to such sitting allottee. Form II has been devised for the disposal of applications falling under this category.
Consolidation
of close relations.
Where a person duly presented an application with all formalities within the prescribed time limit for consolidation with his close relations under instructions R-101 and his application was ignore or rejected and some other non-sitting allottee has been introduced into the village, it will amount to substantial injustice. Form III has been devised for the disposal of applications falling under this category.
If area is available now on account of the fact that possession has not been taken by some allottees and consolidation was not made previously such consolidation may be made now. Where area is available which can be utilised for consolidating close relations, preference be given to the following categories – first minors, then widows, then aged and infirm persons, then issueless persons, then husband and wife, and last of all real brothers. Where a person has given satisfactory evidence that he gave an application within the prescribed time, complete in all respects, his case for consolidation with close relations should be favourably considered in review. Where an order was passed in favour of a close relation, which was not complied with by the allotting authority, that order should also be complied with in review. Where area is not available in village, the requirements of instructions R 133 (A) should be compiled.
(ii)
Superior grade claimants of land ignored in favour of inferior grade
claimants.
In a person entitled to II or III grade land is allotted land in a I grade village which is not his ancestral village in particular district where the claims of first grade allottees have not been fully met, first grade claimants of land can apply for allotment in such a village at the expense of inferior grade allottee as allotment in favour of such person amounts to substantial injustice to superior grade claimants of land. Form IV has been devised for applications in which an allotment is contested.
It is likely that a number of applications may be filed by claimants of first grade land who have been allotted inferior grade land and who have not contested allotment of another person. All such applications should be sorted out and separately listed.
Such applications can only be dealt with when better area is available by redemption of mortgage evacuee land or otherwise. These applications should be sent to the Registrar, Land Claims for record and necessary action. One copy of the list should be retained in the district office.
2. Consolidation of allotments within a district. Applications for consolidation of allotments made in different villages within a district will be decided by the Deputy Commissioner or Additional Deputy Commissioner of the district concerned. In consolidating such allotments they may utilise areas lying unallotted or areas regarding which allotment orders have not been collected and possession has not been taken. There are some allottees who have taken possession of land but have not collected their allotment orders. Their allotments will not be disturbed. There are some allottees who have collected their allotment orders but have not taken possession of the land. Their allotments will also be affected.
3. When applications under categories (mentioned in paragraph 1 above), which affect the movement of parcha claims, are disposed of, then applications, which concern the allotment of fields within, the village be taken up. This is a type of work, which does not affect the allotments of other villages and will be tackled last of all.
Category
C, Applications for revision of fields.
Radeef. In Memorandum No. 10248|S, dated the 22nd August, 1950, it has been laid down that if a person complains that in the distribution of fields his name was not arranged alphabetically according to instructions, it would be considered a case of substantial injustice. Such injustices are closely related with mal-practices and as such deserve careful examination.
Applications under category Colonists, para 11 (3) of revised instructions complaining about allotment in villages in which blocks have not been made and land has been unevenly distributed among the allottees resulting in substantial injustice to some allottees. Such cases should be carefully scrutinized and recommendation made to Financial Commissioner, Relief and Rehabilitation, through Director General, Rehabilitation (Rural). In such cases a local inspection must be made by the Revenue Assistant, Rehabilitation and he should enclose a sketch map showing the class of soil, situation of wells etc.
4. Village wise programme for disposal of applications. Applications pertaining to allotment of particular village be taken together and heard on date fixed well in advance and the allottees be also informed. Revenue Assistants, Rehabilitation will draw village-wise programmes accordingly, and give sufficient publicity in time. Applicants be heard at the tahsil headquarters or at convenient places nearest to the villages concerned.
5. Land Rights Cases.
Category E, Applications from persons to whom no allotment has been made or in whose case correction of clerical error is involved in which no adjustment of allotted area is required.
Clerical Errors. Registrar, Land Claims will first of all deal with applications for corrections of clerical errors. 836 such applications have been received and he must dispose of all these applications by 31st October 1950, and report compliance. Form V is devised for such applications. In the meantime his staff will prepare copies for the application, which are in arrears.
Unsatisfied Claims. 5000 applications have been received from persons who have not been allotted land. These applications be verified and a statement put up by 31st October 1950.
Registrar Land Claims will also pass on claims for allocation in villages released by the Delhi court of Wards in district Gurgaon to Revenue Assistant (Rhe.), Gurgaon.
Areas are available in district Hissar as below:-
Sirsa 700 standard acres.
Fatehabad 200 standard acres.
Hijrawan Khurd 500 standard acres.
Claims of colonists from Amritsar who are eligible for allotment of more than 20 standard acres be passed on by Registrar, Land claims to Revenue Assistant (Reh.), Hissar, on a village-wise basis.
Claims of Bahawalpuri colonists who have been recently declared as of Punjabi extraction be passed on to the Assistant Commissioner Rehabilitation, Kapurthala, for allotment in the area, which has been vacated by cancellation of allotments.
Allotment orders prepared in favour of such persons will be distributed at the secretariat.
Category
F, Applications for consolidated of allotments made in different places for
want of consolidation of parcha claims of different villages.
Such applications are entertained by the Director General, Rehabilitation (Rural), where allotment is made in different districts of Punjab or of Punjab and Pepsu, and by the Deputy Commissioner or Additional Deputy Commissioner where allotment is made in different villages in one district. Such applications will be dealt with on Form VI. A number of such applications have already been decided and orders communicated to the districts.
Category A, Applications relating to the record, assessment, valuation of land and rights held in Pakistan by parties, including cases of dispute between parties.
Largest number of applications concerning land rights received in review are under category A. These applications are still being sorted. Applications relating to colony rights and rights in proprietory land will be dealt with on Form VII and VIII respectively.
Applications
for approval as of Punjabi extraction.
There are 497 such cases and Registrar, Land Claims may please dispose of these cases by the 8th November 1950, and report compliance. Registrar, Land Claims will also devise a suitable from the dealing with such cases.
Allotment
in Bikaner State (Rajasthan).
33 applications are from persons who have received allotments of land in Bikaner State and desire their allotments in Punjab and Pepsu to be cancelled. These applications be disposed of by Registrar, Land Claims by the 14th October 1950, positively, and compliance reported.
To expedite disposal of land rights cases, the staff of the two Land Rights Divisions will be apportioned amongst the districts of East Punjab and Pepsu according to the number of such cases received by them. This staff will prepare statements in the prescribed form regarding each case and put up to the Assistant Registrar concerned for his report to the Deputy Commissioner concerned. Cases submitted by the clerks to the Assistant Registrar must be passed on to the Deputy Commissioners concerned by the Assistant Registrars on the same day.
Land rights cases already pending with the Land Rights Divisions should also be similarly passed on to the districts concerned.
Entries in forms open to inspection by parties… When the entries in the forms prescribed are filled and the Kanungo has given his certificate, these forms will be open to inspection by the parties and they are at liberty to point out mistake or omissions, if any.
6. Forms, which have been prescribed, will be printed in Urdu and supplied to districts. The district officers will communicate the breakup of applications received under various categories and intimate their requirements.
FORM I
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Serial No. of application ……………….. Name and percentage of the applicant…………………… |
Recommendation of |
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R.A.R. |
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Particulars of land of the applicant. |
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Land |
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Where allotment is |
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allotted. |
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Land held on |
Choice, if |
sought |
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abandoned |
temporary |
exercised |
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allotment |
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District … … … |
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Tahsil … … … |
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Village … … … |
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Grade … … … |
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Name and percentage of the respondent………………………. |
Order or recommendation |
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of D.C., or A.D.C |
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Particulars of land of the respondeat |
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Where allotment is |
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allotted. |
Land |
Land held on |
Choice, if |
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abandoned |
temporary |
exercised |
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allotment |
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District … … … |
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Tahsil … … … |
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Village … … … |
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Grade … … … |
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Order of D.G.R.R. |
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Certified that I have verified that the facts above are correct. |
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Special Kanungo. |
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FORM II
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Serial No. of application ………..… Name and percentage of the applicant……...………Name and percentage of the respondent, if any…………………. |
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Particulars of land of the applicant and Respondent. |
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(In the case of |
Land |
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Land held on |
Choice, if |
Where allotment is |
Recommendation of |
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allotted. |
abandoned |
Temporary |
exercised |
Sought |
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Applicant) |
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Allotment |
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D.C. or A.D.C. |
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District … … … |
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Tahsil … … … |
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Grade … … … |
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Order or recommendation |
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of D.C., or A.D.C |
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REPORT BY SPECIAL KANUNGO: |
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Order of D.G.R.R |
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(1) Was the applicant entitled to allotment in the village from where he was ousted according to |
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to rules of allocation and sub-allocation? |
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(2) Was the applicant entitled to allotment according to grade? |
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(3) Was the applicant ousted on account of being the biggest allottee who could not be |
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accommodated or (2) on account of consolidation of close relation. |
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(4) Was the applicant ousted as he expressed his choice for allotment elsewhere? |
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(5) Was the allotted land in the village of his choice or elsewhere? |
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(6) Other reasons for ousting? |
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(7) Has he been allotted land in a village of equal grade? If so at what distance from the village of |
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choice or from where he was ousted. |
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Certified that the above facts are correct. Special Kanungo. |
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FORM III
Serial No. of application………………………………..
Name and percentage of the applicant……………………………………………………….
Name and percentage of the close relation…………………………………………………….
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Particulars of the land of the applicant and close relations. |
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(In the case of |
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Recommendation of R.A.R. |
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Land allotted |
Land abandoned |
Land held on T.A. |
Where allotment is |
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requested |
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Report by Special Qanungo |
Order of D.G.R.R. |
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(1) Was an application received from the applicant for consolidation with his close relations |
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as defined in R-101 by 30th November, 1949? |
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(2) Name and relationship wit the person with whom consolidation was desired? |
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(3) Reasons for which the application was rejected. |
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(4) Is area available now in the village where consolidation is requested? |
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(Area of which possession may not have been taken by allottees whose allotment orders |
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remained undistributed to be utilized for consolidation.) |
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Certified that the above facts are correct |
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Special Kanungo |
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FORM IV
Category
B-Application from superior grade claimant of land ignored in favour of
inferior grade claimant allotted land in a superior grade village
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Serial No. of application…………. Name and percentage of applicant………….. Name and percentage of respondent………... |
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Particulars of land of applicant and respondent |
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(In the case |
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Recommendation of R.A.R |
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Land |
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Whether the allotment made on choice |
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of applicant) |
abandoned |
allotted |
or otherwise |
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Over all |
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in the case |
Land |
Land |
Whether the allotment made on choice |
Recommendation or Order of D.C. or A.D.C. |
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of respondent |
abandoned |
allotted |
or otherwise |
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Tahsil |
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Over all |
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Order of D.G.R.R. |
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Certified that the above facts are correct. |
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Special Kanungo |
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FORM V
S. No. of application Village hadbast tehsil district (West Pakistan)
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Entries in the jamab- |
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Name and |
Village tehsil and |
Request in brief |
andi or sharja nasab |
Order or |
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particulars of |
district of allotment |
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Received from W. |
Recommendation |
Order of the |
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applicant |
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Pakistan & in the |
of the Asstt. |
Registrar |
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Relevant parcha claim |
Registrar |
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1 |
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Certified that the facts in columns 1 to 4 are correct.
Claims Assistant.
FORM VI
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Villages, |
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Villages, |
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Villages, |
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Tehsils and |
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Valuation |
Tehsils and |
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Tehsils and |
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Name and |
Districts of |
Area |
as it |
Districts |
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Districts |
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Serial No. |
Particulars |
Pakistan |
according |
should be |
where |
Area |
where |
Orders |
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of |
where land |
To |
-------------- |
allotment |
allotted |
consolidated |
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applicant |
was held |
Jamabandi |
Gross : Net |
has already |
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allotment is |
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been made |
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recommended |
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with area |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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Certified that the facts stated in columns 1 to 8 are correct
Claims Assistant or Kanungo………………………………
Recommendations by the Assistant Registrar and Registrar.