1. MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought in this Urban Settlement matter by an applicant (local) for transfer of property under Settlement Scheme No.VIII against acceptance by the High Court of respondents Constitutional (Writ) petition.
2. The contesting respondent is an auction-purchaser. The High Court has non-suited the petitioner who initially was not only in possession but was also transferred the property under the assumption that it was of a value less than the prescribed one for transfer to the locals. However, the said transfer came under litigation and despite a stay order by the High Court in Writ Petition, the auction in favour of the respondent was allegedly confirmed. The application of the petitioner for transfer having been subsequently filed by the petitioner under Settlement Scheme No. VIII, it was ultimately allowed with the result that respondent/auction-purchaser was deprived of the benefit of the auction. The writ petition having been filed from the respondents' side the same was allowed mainly on the two grounds that the application alleged to have been filed by the petitioner under Settlement Scheme No-VIII was not in fact filed and in any case it was not available. And secondly, that the property in dispute was not `available' property as the same stood auctioned in favour of the respondent.
3. We having heard both the learned counsel, at some length, consider it a fit case for grant of leave to appeal to examine the above-stated two questions and other questions related thereto and those raised in this petition. Order accordingly.
4. Security Rs.5,000.
5. The appeal shall be prepared on present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.
6. Status quo in the meanwhile.