' The long story has been cut short as a result of fruitful discussion. Learned counsel for the Evacuee Property Trust Board in the initial stages was in a frame of mind to oppose this writ petition tooth and nail. However, when it transpired that the application which has been given by the four tenants of the petitioner-widow was based on the strength of their being cultivators as defined in the scheme, it has now been agreed to by the learned counsel for the respondent department that in so far as ownership is concerned, that is an irrelevant consideration cultivation is only relevant for the purpose of lease.
2. Learned counsel for the respondent then submitted that a case of sale can only be forwarded to the Federal Government under section 4 (2) (d) of Act XIII of 1975. This may or may not be so. The fact of the matter is that the learned counsel for the respondent is agreeable to the fact that where a sale has to be made in favour of a private party it has to be approved by the Federal Government.
3. In view of the stand taken by the parties, there is hardly any scope for contentious arguments left. The Chairman Evacuee Trust Property Board by his order dated 7th February, 1978 had himself categorically stated that price be determined by the Board so that suitable recommendations be made to the Federal Government to consider her request for sale. That being the position, the order of the Chairman Evacuee Trust Property Board was in consonance with law.
4. There are certain misgivings in the mind of learned counsel for the respondent. He is of the view that possibly the order of the Chairman dated 7th February, 1978 is being treated as sale in itself.
That is not so. The Evacuee Trust Property Board is to forward the case to the Central Government for such orders as Federal Government may deem it. This is what is required to be done under the law. It shall act accordingly.
5. Learned counsel for the respondent department at this stage has taken up further reasonable stand by stating that no harm will be done to the petitioner if the petitioner appears before the Chairman Evacuee Trust Property Board to help him in framing his recommendation. I agree. The petitioner to associate with those proceedings.
' Learned counsel for both the parties are satisfied with this course. The writ petition is accepted in the above terms. There will be no order as to costs in the circumstances.