1991CLC1684(2) (PLP)

Nemo for Respondent. Date of hearing: 24th March, 1991. In this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 the petitioner has assailed the order dated 15th April, 1985 passed by the Deputy Settlement Commissioner refusing to confirm the proposal for transfer of the land made in her favour on the ground that after the year 1974 no confirmation of the land can be made.

2. The necessary facts for the disposal of this petition are that the petitioner is a claimant displaced person whose entitlement was verified to the extent of 557 Produce Index Units for Chak No.127 Shumali Tehsil and District Sargodha, vide Khata R‑II No.97. Land measuring 63 and half Kanals situate in the same village was proposed for transfer to the petitioner at same Khata by the R.L.II by the Additional Settlement Commissioner (Lands) on 28th July, 1970 in lieu of 435 Produce Index Units. It appears that the question of transfer and its confirmation was not taken up for consideration as there was a stay order issued by this Court in W.P. No.764‑R/75 in which the petitioner was not a party. A note dated 9‑9‑1970 of this face appears on the R.L.II under the signatures of the Additional Settlement Commissioner. The abovenoted writ petition was dismissed on 2nd of October, 1977, but a petition for special leave to appeal was filed before the Supreme Court which directed on 13th of September, 1977 that status quo should be maintained. That petition was however, dismissed as withdrawn on 16th July, 1980.

3. The petitioner, thereupon approached the respondents for confirmation of the proposal for transfer made in her favour on 28th July, 1970. But this request was refused by the respondent on the ground that no further proceedings can be taken in the matter after 1974. The petitioner has now filed this Constitutional petition. 4. 1n the report and parawise comments submitted by the respondent, it has been admitted that the proposal in favour of the petitioner was made on 28th July, 1970. The position which had however, been taken is that after the repeal of the Evacuee Laws, the Chief Settlement Commissioner by virtue of his letter dated 25th June, 1973 had directed that the proposal already made and not confirmed prior to the repeal of the Evacuee Laws shall stand cancelled.

5. As pointed out by the learned counsel for the petitioner the aforesaid letter of the Chief Settlement Commissioner was declared ultra vires by this Court in Mst. Inayat Bibi etc. v. Assistant Settlement Commissioner and Chief Settlement Commissioner (P L D 1978 Lah. 252). That being so the reliance of the respondent on that letter is of no avail. The other ground for refusal to proceed further was that after 1974 matter cannot be proceeded which too is equally untenable. It is not disputed that the proposal to transfer the land had been made in favour of the petitioner on 28th July, 1970 but it could not be proceeded further on account of stay orders issued firstly by this Court and then by the Supreme Court. At the time when Evacuee Laws were repealed no decision of that proposal had been made. Consequently, the view taken by the respondent that no proceedings were pending at the time of repeal is clearly erroneous. (See Abdul Hameed and others v. Member, Board of Revenue and others (1986 C L C 2820). For the foregoing reasons this petition is accepted, the refusal of the respondent to proceed further with the proposal in favour of, the petitioner is declared to be without lawful authority and of no legal effect and the respondent is directed to decide the matter afresh in accordance with law. There shall be no order as to costs. H.B.T./G‑442/L?????????????????????????????????????????????????????????????????????????????????? Petition allowed.