1994CLC73 (PLP)

‑‑‑‑). 10‑‑‑Settlement Scheme No.I, para. 38‑‑‑Transfer of property‑‑‑Property in dipute was purchased in open auction by claimants and auction price was adjusted from his Compensation Book‑‑‑Later on when purchaser applied for issuance of transfer order in his favour he was directed to deposit transfer amount‑‑‑Auction price of property in dispute having already been paid by auction‑purchaser, direction of Authority to pay additional amount was illegal‑‑‑Authority was directed to issue Transfer Order in favour of auction purchaser. Khaliq Ahmad‑Ansari for Petitioners. Hamid Ali Mirza for Respondents. Date of hearing: 19th April, 1993. Briefly stated facts of the case are that the disputed property bearing Khasra No. 4332 situate in Rajgarh, Lahore, was purchased by Muhammad Sharif, father of the petitioners, in open auction for Rs.4200 and this amount was adjusted from compensation book of the petitioners on 12‑5‑1960 and P.T.O. issued on 22‑11‑1960. Thereafter the petitioners were again directed to pay the auction price, which according to the learned counsel, they have already deposited. However, to end the litigation, the petitioners complied with this order and deposited Rs.4,200 the auction price, in cash. It so happened that when the petitioners filed application for issuance of T.O. the Deputy Settlement Commissioner I again directed the petitioners to deposit another sum of Rs.4,980 within one month, on the assumption that the property was transferable under the Scheme for the Management and Disposal of Residual Property, 1977. This is so explained by the learned counsel for the petitioners. The learned counsel vehemently denies this as the property has already been purchased in auction.

2. Aggrieved against the direction dated 11‑10‑1990 of Deputy Settlement Commissioner the petitioners filed application before the Chief Settlement Commissioner which was rejected on 9‑2‑1991. The learned counsel for the petitioners contended that the Chief Settlement Commissioner did not apply his mind and the impugned order was passed mechanically.

3. Mr. Hamid Ali Mirza, Advocate learned counsel for the Settlement Department, after examining the entire record, genuinely feels that the direction of the respondents to pay additional amount of Rs.4,980 is without any legal justification, firstly because the auction price has already been deposited from the compensation book and secondly the same amount has also been paid in cash. He has no objection to the acceptance of the writ petition if the auction price of Rs.4,200 is proved to have been paid by the petitioners. The stand of the learned counsel is reasonable. In view of above, the writ petition is accepted and Deputy Settlement Commissioner is directed to issue Transfer Order in favour of the petitioners subject to the verification of payment of auction price of Rs.4,

200. H.B.T./S‑371/L Petition accepted.