' SAAD SAOOD JAN, J.--These petitions for special leave to appeal arise in the following circumstances.
' The Rahwali Sugar Mills in Gujranwala Cantonment was evacuee property. It was purchased by the West Pakistan Government at a price determined by the Custodian of the Evacuee Property.
The Mills covered an area of 249 kanals and 12 marlas. According to the Mills, the petitioners were its employees and had been provided with accommodation in its premises. In 1967, the Assistant Settlement Commissioner transferred the accommodation allotted by the Mills to the petitioners under Scheme No,VII. The Mills challenged the order of the Assistant Settlement Commissioner in appeal before the Deputy Settlement Commissioner but without any success. It then filed writ petitions in the High Court to challenge the legality of the transfers made in favour of the petitioners. A learned Single Judge accepted the writ petitions and declared the orders of the Assistant Settlement Commissioner and Deputy Settlement Commissioner to be without lawful authority and of no legal effect. However, it remanded the case to the Chief Settlement Commissioner with a direction to assign the case to any Settlement Commissioner to consider the application for transfer of the petitioners. From the order of the High Court, the petitioners seek leave to appeal.
3. After hearing the learned counsel for the petitioners, we are not satisfied that any case for interference with the order of the High Court has been made out. The question for consideration is whether the properties transferred to the petitioners were part of the Mills premises which already stood sold to the latter. This is a question of fact and the High Court has noticed that neither the Assistant Settlement Commissioner nor the Deputy Settlement Commissioner took into account the various documents which the Mills wanted to produce in support of its claim. In the circumstances, reference to the Chief Settlement Commissioner for a fresh decision was fully justified. These petitions are dismissed. However, the officer to whom the cases are entrusted by the Chief Settlement Commissioner should endeavour to dispose them of expeditiously.