1990 PLP 1036 (SCMR)

Raja Abdul Razraq, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record and Malik Maqbool Ilahi, Attorney‑General Punjab for Respondents. Date of hearing: 22nd January, 1990. S. USMAN ALI SHAH, J.‑‑‑This petition for leave to appeal is directed against the order of the Lahore High Court, dated 7‑5‑1983, whereby, the Intra -Court Appeal of the petitioner against the order of the Single Judge of the said High Court dated 12‑4‑1983, passed in Writ Petition No. 674‑R/79, was dismissed. Father of the respondents Nos. 1 and 2 was temporarily allotted the disputed land measuring 71 kanals 11 marlas in village Targarh. The said allotment was confirmed in their names after the death of their father by the Special (Garden) Allotment Committee (L) on 16‑11‑1968. In order to resolve the dispute of adjustment of units, the respondents Nos. 1 and 2 filed Writ Petition No. 116‑R/70 which was disposed of on 2‑4‑1975 and the land in dispute was treated as ordinary one and not a garden for the purpose of adjustment of units. Thereafter the respondents No. 1 and 2 came to know that the land was allotted to one Abbas Ali Khan and Hikmat Khan etc., they filed another Writ Petition No. 779‑R/1975 which was accepted vide order dated IS‑11‑1978 and 67 kanals 1 marla of land entered in Khasras Nos. 98 and 145 was restored to them; 4 kanals and 10 marlas of land out of Khasra No. 147 allotted to one Bashir Ahmad on 15‑11‑1958 was left with him. For implementation of the decision passed in Writ Petition No. 779‑R of 1975 by the Settlement Authorities, the respondents came to know that 52 kanals 12 marlas of land out of Khasra No. 145 which was earlier allotted to Abbas Ali Khan was allotted to the petitioner on account of his Mukhbari application against unlawful allotment in favour of Abbas Ali Khan and others vide order dated 19‑4‑1978. The respondents Nos. 1 and 2 filed again a Writ Petition No.674‑R/79 which was accepted and the land in dispute was allotted to respondents Nos. 1 and 2 vide order dated 12‑4‑198.3. Against this order the petitioner filed Intra‑Court Appeal before the High Court which was dismissed in limine by a learned Division Bench by the impugned order. Hence this petition for leave. We have gone through the relevant record of the case and heard the learned counsel for the parties. The record shows that the land in dispute was already allotted and confirmed in the names of the respondents Nos. 1 and 2 on 16‑11‑1968. This position was affirmed by the learned High Court on a decision in a Writ Petition No. 779‑R/1975 and the land in dispute did not vest in Abbas Ali Khan and others. However, the Additional Settlement Commissioner (Land) in complete ignorance and disregard of the transfer of the disputed land in favour of the respondents Nos. 1 and 2 as well as decision of the High Court in writ petition, had passed the order of allotment in favour of the petitioner. This order, in our view, has rightly been set aside by the High Court in writ petition filed by the respondents Nos. 1 and 2 and affirmed by the High Court in Intra Court Appeal. Under the circumstances, we dismiss this petition with the observation that in view of the amendment added to Section 14(1‑a) to the Displaced Persons (Land Settlement) Act, 1958, if there is any land available in the Province, it may be given to the petitioner. A.A./A‑694/S Petition dismissed.