' In the course of the proceedings today, two questions cropped up: one, arising out of application Civil Miscellaneous No, 3742 of 1983 made by Muhammad Saleem and the other, raised by the learned Assistant Advocate-General Mr. Khalil Ramday.
2. In so far as Civil Miscellaneous No, 3742 of 1983 is concerned, Muhammad Saleem's contention is that he has already advanced a sum of Rs,85,000 to respondents 1 to 4 in the writ petition as earnest money for the purchase of the land. However, after a preliminary talk and negotiations, this matter now stands also resolved by a compromise course inasmuch as it has been agreed to on behalf of heirs of Col. Archibold Dudley that they are ready to pay a sum of rupees one lac as refund of the earnest money. This has been agreed to by Muhammad Saleem who is present in Court together with his learned counsel Mr. Iftikhar Ahmad Dar. It is accordingly desired that out of the sum deposited with this Court amounting to Rs,2,12,500 rupees one lac shall be paid to Muhammad Saleem directly. The dispute on this score between Muhammad Saleem and the heirs of Col. Archibold Dudley, i.e, respondents Nos. 1 to 4 will thus stand resolved.
3. The balance amount is liable to be paid to respondent No, 1 Mst. Zeenat Sultana who is also the power-of-attorney holder for rest of the respondents i.e, 2 to 4 in addition to being their mother.
4. In so far as the submission of the learned Assistant Advocate- General Mr. Khalil Ramday is concerned, his client's anxiety is that this case should not become precedent or be taken as a determination of the contentious question between the Provincial Government and the General Headquarters of Army, Rawalpindi as regards the claim of both the agencies in respect of Provincial Government land situated within the border belt. The submission of the learned Assistant Advocate-General is no more a live issue and is merely an academic question for the simple reason that the compromise is being arrived at between the petitioners and the private respondents Nos. 1 to 4 heirs of late Col. Archibald Dudley. The Provincial Government's stand at any rate was that the petitioners were eligible for the land whereas the Border Allotment Committee's contention was that the allotment in favour of Col. Archibold Dudley had been correctly made.
5. There being a simple adjustment between the two private parties, I do not think any adjudication is at all called for to decide this contentious question and the same remains wide open. Both the agencies will be free to sort out this question either departmentally or through legal forum, as the case may be. Therefore, no observation made by me in this order as well as the order, dated 14-6- 1983 is going to be construed as deciding this contentious question between the parties. With this observation, both the learned counsel for the Provincial Government as well as the Border Allotment Committee appear to be satisfied.
6. The lurking doubt in the mind of the learned Assistant Advocate- General regarding the interest of the Board of Revenue stands moved by virtue of the fact that one of the petitioners Abdul Rashid who is present in Court today has stated that after deducting the amount which has already been received by the Board of Revenue while sanctioning Mutation No, 1534, dated 13-2-1978, they are ready to pay other lawful demands made by the Board of Revenue in accordance with the settled policy governing the conferment of proprietary rights in respect of such lands.
7. At this stage, Muhammad Saleem has stated that the petitioners have already entered into agreements to sell with third parties in respect of the land in question. To this, Mr. Nagi has stated that in order to ward off the claim of Mr. Muhammad Saleem he has full instructions from his clients to state that in case they sell this land any further, then, he would have the first right of purchase provided the sale is made within five years, In this set of circumstances, Muhammad Saleem has volunteered that he will receive only a sum of Rs,85,000 which he paid as earnest money to the respondents Nos. 1 to 4.
8. The net result is that whereas Rs,85,000 shall be paid to Muhammad Saleem, the remaining amount of Rs,1,27,500 shall be paid to the private respondents through respondent No,
1. In this manner, the petitioners will become the absolute owners of the land in question after they have met the balance amount demand of the Board of Revenue, if made.
' The writ petition and Civil Miscellaneous No, 3742 of 1983 stand disposed of in these terms.