' M. S. H. QURAISHI, J.-The petitioner had filed L. S. Form on 14-10-1966 for transfer of shop No, 6/49-A, Saddar Bazar, Mandi Bahauddin, District Gujrat, under Scheme No, VIII but the Form was rejected on 14-4-1967 for the reason that the shop was not available as it had already been auctioned on 29- 8-1960. The petitioner's revision failed on 25-11-1967. The shop was, however, resumed on 1-10-1969 for non-payment of its price and the petitioner again applied for its transfer on 2-10-1969 and it is his case that a Transfer Order was issued in his favour on 1-12-1969 and he was also issued a notice on 31-3-1970 for payment of the balance price. He, however, came to know that the shop had, in the meantime, again been auctioned in favour of Mahmood-ul-Hassain, respondent No, 1 on 27-8- 1970. He agitated the matter but his appeal, revision and writ petition having been dismissed, he has filed this petition for grant of leave to appeal.
2. The learned Judge of the High Court was not satisfied that the petitioner had filed the second L. S. Form or that the property had been transferred in his favour on 1-12-1969. This was an inference drawn from the fact that the petitioner had not produced the order, dated 1-124969 before the appellate authority. It, however, appears that the learned Settlement Commissioner had himself not doubted the existence of the order dated 1-12-1969, but had held the same to be illegal for the reason that the rejection of his earlier Form had become final.
3. It is contended that the learned Settlement Commissioner had erred in treating the rejection of the earlier Form to be a hurdle in way of the second Form filed by the petitioner and that the High Court ought to have interfered with the same. The point requires consideration. Leave to appeal is, therefore, granted. Security shall be furnished in the sum of Rs, 2,500. It is further directed that the appeal be fixed for hearing before the first available Bench in October, 1983.