1. ' JAVED IQBAL, J.--- After having heard Mr. Ahmad Awais, learned Advocate Supreme Court on behalf of the Province of Punjab we are inclined to grant leave to consider the following points:--
(i) Can Government of the Punjab be directed to allot Government land in favor of the petitioner without affording proper opportunity of hearing and impleadment as party?
(ii) Can the concessionary/conceding statement made on behalf of the Chief Settlement Commissioner by learned Advocate Supreme Court representing Shafique Ahmad v. Member, Board of Revenue/Chief Settlement Commissioner Punjab, Lahore (Writ Petition No,191/R of 1999) be treated as binding for the Government of the Punjab and Assistant Commissioner Bhakkar who could not be compelled to do an act which is beyond his competency to perform under the law?
(iii) Whether land can be allotted in favor of Shafique Ahmad (respondent) who was neither the original allottee nor any allotment was made in his favor by the competent Rehabilitation or Settlement Authority under the scheme or the Displaced Persons (Land Settlement) Act, 1958 which is a repealed statute?
(iv) Can the land in-question be cancelled by the Border Area Committee on the ground that different allotments made by the Revenue/Rehabilitation and Settlement Authorities on RL-II Khatas being in violation of instructions as contained in MLR No,9 of 1959 and having no authority whatsoever for such allotment of land in the area falls within the territorial domain of border belt without providing the alternate land and in case of such cancellation what is the responsibility of Member, Board of Revenue/Chief Settlement Commissioner (respondent No,2) and the Government of the Punjab for the redressal of the grievances of affectees?
(v) Whether the order impugned is in violation of the law laid down in cases Muhammad Ramman and others v. Chief Settlement Commissioner and others 1997 SCM R 1635 and Nawabzada Zafar Ali Khan and others v. Mian Ehsanul Haq and others 1999 SCMR 1791 whereby no land pertaining to Provincial Government could be allotted or disposed of by the Notified Officer?
2. ' The petition is accordingly converted into appeal which may be fixed at some early date.