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1989 SCMR 1811

MUHAMMAD SHAFI and others vs THE MEMBER (COLONIES), BOARD OF

Citation1989 SCMR 1811
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 442 of 1985
Date1989-03-22
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave granted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the lessees of Government owned land, against the dismissal of their writ petition by the High Court. It had arisen out of dispute relating to the allotment under the Ejected Tenants Scheme to the petitioners and their consequential claim for grant of proprietary rights which stands denied to them, therefore, they have sought leave to appeal.

2. In some other similar cases leave to appeal has been granted. The learned counsel, inter alia has contended that the condition regarding the land being within 5 miles limit of Sargodha City is not applicable; that no doubt a part of this land was also sought to be utilised for constructing a school building but the site thereof is now being shifted to some other place. Reliance in this behalf has been placed on a communication dated 12-6-1988, by the Deputy Commissioner, Sargodha, to the District Education Officer (Women) Sargodha. It has also been contended that at the time of the allotment to the petitioners the land in question did not fall within the Charagah area but formed a part of the Baqaia Sarkar.

3. ' After hearing the learned counsel we consider it a fit case for examination, alongwith other similar cases, all the points raised as well as ground in the petition. Leave to appeal is granted.

4. ' Security Rs,5,000.

5. ' Appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal.

6. ' Status quo to continue, in the meanwhile. However, this order will not be a bar to the grant of any relief to the petitioners.

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