1. NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 24-4-1979 passed by a learned Single Judge of the Lahore High Court dismissing the writ petition (W. P. No. 1474-R/1976) filed by Ahmad, who has since died and is now represented by his legal heirs.
2. The relevant facts are that Ahmad, the predecessor-in-interest of the petitioners was allotted 19 kanals of land in Khasra No. 832 comprising of 29 kanals, 17 marlas situated in village Jhang Chak Janubi, Tehsil and District Jhang, 1955.
3. The case of the petitioners is that prior to the allotment of the disputed land to their predecessor- in-interest (Ahmad son of Peeru), the disputed land was entered as "Ghair Mumkin Bhatta" in the special Jamabandi pertaining to the year 1946-47, Consequently, the land in dispute was to be disposed of as unregistered industrial concern and therefore the predecessor-in-interest of the petitioners (Ahmad) applied for the transfer of the disputed land in his favour which was under his allotment and in his possession ever since 1951. This matter was still pending when Ahmad discovered that the disputed land had been transferred to the respondents being treated as agricultural land.
4. On coming to know of this, Ahmad made a reference to the Deputy Settlement Commissioner vide his letter dated 13-6-1975 to cancel the aforesaid transfer as agricultural land to the respondents to enable him to deal with the disputed land as unregistered industrial concern to the allottee occupant i.e. Ahmad. This reference was dealt with by the Assistant Settlement Commissioner with powers of the Additional Settlement Commissioner, who held that one of Ahmad's sons had started the brick kiln after the purchase of land from one Karamat and others and further that he had failed to establish before him that the property in dispute was allotted to him in the year 1956 as a brick kiln. He further held that on account of the repeal of the Settlement Laws by the promulgation of the Evacuee Property and Displaced Persons Laws (Repeal) Ordinance, 1974, the relevant statute stood repealed and the property could not be transferred to the predecessor-in-interest of the petitioners. This order was passed on 8-9-1976.
5. The last-mentioned order was challenged by a revision petition by Ahmad and it was held that the revision petition was not competent as the same stood repealed by the Ordinance of 1974. -As the said Ordinance saved pending proceedings only, the Additional Settlement Commissioner had no power to deal with fresh cases after the 1st July, 1974. The revision petition was, accordingly, dismissed as not maintainable vide order dated 15-10-1976.
6. Ahmad then filed a writ petition before the Lahore High Court which was dismissed by a learned Single Judge, who agreed with the view of the Additional Settlement Commissioner that there was no material on the file to substantiate that Ahmad had applied for transfer of an industrial concern and, furthermore, he had not produced any evidence to prove that the case was pending on 1-7- 1974 as required under section 2 of the Evacuee Property and Displaced Persons Laws (Repeal)
7. Ordinance, 1974. In fact, the order impugned before the High Court had emanated from the reference dated 13-6-1976 i.e. After the repeal of the evacuee laws and therefore, the Additional Settlement Commissioner and the Settlement Commissioner had rightly held that the proceedings were not maintainable on account of repeat of the Evacuee Laws. Hence this petition for leave to appeal.
8. We heard Mr. A. H. Najafi on behalf of the petitioner but he was not able to show that proceedings before the Settlement authorities regarding transfer of the disputed land were pending before the target date as mentioned in the Ordinance, 1974 i.e. 1-7-1974. Consequently, we are clear' that the order of the Settlement Commissioner holding that the revision petition of Ahmad was not maintainable is unexceptionable and that they High Court has rightly refused to interfere with the said order.
9. This petition, therefore, fails and is dismissed hereby.