This judgment shall dispose of Writ Petition No. 149-R/78 and Writ Petition No. 241-R/80 filed against the respondent-Deputy Settlement Commissioner, Faisalabad refusing the transfer of the disputed property.
2. Briefly stated the Deputy Settlement Commissioner vide his order dated 11-7-1964 transferred the disputed property in favour of Lai Din who agreed before the D.S.C. that the present petitioners will be accommodated through agreements of association. The operative part of the said order is here as under: .
"The counsel for Manzoorul Hassan and Lai Din has agreed to accommodate the non-eligible occupants by surrendering their respective portions to them through agreements of association, in case Manzoorul Hassan and Lai Din are transferred their portions also. All the occupants have raised their constructions. To avoid their dislocation, the property is transferred as below:--
(1) Ahmad Yar and Muhammad Ramzan, the portion in their possession;
(2) Lai Din, his own portion plus those of Ibrahim Hajjam, Babu Changer, Ilam Din Changer, Ghulam Ali, Feroz Masih, Shall Kamboh and the contiguous portion of Noor Ahmed Kamboh;
(3) Manzoorul Hassan, his own portion plus the portion of Makhan Darzi, Muhammad Din Kamboh and Noor Ahmad Kamboh, with a common passage as it exists at present."
Thereafter the transferee Lai Din refused to honour his commitment whereupon an application was filed by the petitioner but the same was rejected by order dated 1-1-1978 by the Deputy Settlement Commissioner, Faisalabad; In W.P. No. 241-R/1980 the Deputy Settlement Commissioner vide his order dated 16-2-1980 expressed his opinion that status quo has already been issued and therefore the application of the writ petitioner Muhammad Shall Kamboh should be kept pending.
Thereafter the applicant Muhammad Shafi filed Writ Petition No. 241-R/1980 to be heard alongwith previous writ petition filed by Islam Din, etc.
3. It is urged by the learned counsel for the petitioner that one Muhammad Din was also to be accommodated by the respondent in view of order dated 11-7-1964 of the Deputy Settlement Commissioner and on refusal of the latter, said Muhammad Din filed Writ Petition No. 1055/R/65 which was accepted by this Court on 10-8-1972 and para. 5 of the order is as hereunder: "For the abovementioned reasons, W.P. No. 951/R of 1966 filed by Muhammad Din petitioner is accepted and the impugned order is hereby quashed. The case is remanded to the Deputy Settlement Commissioner concerned for fresh decision in accordance with law taking into consideration inter alia the question of filing of form by the petitioner, the agreement arrived at between the parties and their statements. The mind of the learned Deputy Settlement Commissioner will not, in any way, be influenced by the observations made, by the Settlement Commissioner and the Additional Settlement Commissioner. The parties shall bear their own costs."
4. The learned counsel rightly argued that the case of the petitioner is not different from that of Muhammad Din whose writ petition had been accepted. In view of this, the impugned order dated 1-1-1978 of the Deputy Settlement Commissioner is set aside and the case is remanded to the Notified A Officer, Faisalabad for considering the agreements arrived at between the parties and their statements as is observed in the order dated 11-7-1964 of the Deputy Settlement Commissioner, Faisalabad. There is, however, no order as to costs.