1. ' MUKHTAR AHMED JUNEJO, J.--Leave to appeal is sought against the judgment dated 7-12-1992 passed by the Peshawar High Court in Writ Petitions Nos.1523 to 1531 of 1991.
2. ' Admittedly the property involved in all the aforesaid Writ Petitions was owned by late Nawab Muhammad Fareed Khan who was called Nawab of Amb. At the time of promulgation of Martial Law Regulation 64 Nawab Muhammad Fareed Khan was required to file a declaration. While filing such declaration under M.L.R.64 he surrendered an area of 81292 acres equivalent to 1705201.00 PIUs. Out of said area surrendered by the late Nawab 1,26,712 acres were sold by the Government to the Forest Department and it is scattered in 33 villages.
3. ' On 25-7-1990 respondent No,6 Salahuddin Khan moved on application to the Chairman, Federal Land Commission for permission to file declarations under M.L.R.64 because their grandfather Nawab Muhammad Freed Khan died on 20-12-1970 leaving behind one widow, one daughter and one son Nawab Muhammad Saeed Khan who could not file the returns and then on 14-7-1973 Nawab Muhammad Saeed Khan died by leaving behind two sons and four daughters who could not file the declarations being minors and secondly their property was given in superintendence of Court of Wards and it remained so till October, 1986, and lastly, so many cases were proceeding in different Courts in respect of the property left by late Nawab. According to the application, Nawab Muhammad Fareed Khan retained land equivalent to 36000 PIUs while equivalent land was retained by Mst. Rehmat-un-Nisa wife of Muhammad Freed Khan and Mst. Aisha wife of Muhammad Saeed Khan. On said application the Chairman, Federal Land Commission, Islamabad passed an order dated 7-8-1990 the operative part of which reads as under:-- "After the decision of the Supreme Court of Pakistan, the Deputy Land Commissioner is required to issue fresh notices to the heirs of Nawab Muhammad Fareed Khan to file declaration forms under MLR 64, as the property stood on 20-12-1970 and MLR 115, for independent determination under MLR 64 and MLR 115. The Deputy Land Commissioner is directed to direct the heirs to file fresh declaration forms under MLR 64 in respect of the property of Nawab Muhammad Fareed Khan and his heirs, as it stood under MLR 64 on 20-12-1970. After the determination of the declaration forms and the choice given to the heirs including the land provisionally transferred by the Land Commission to the Forest Department, under MLR 64, the Deputy Land Commissioner should determine the holding of the heirs under MLR 115."
4. ' The parties aggrieved by said order dated 7-8-1990 filed in the Peshawar High Court Writ Petitions Nos.1523 to 1531 of 1991. All these writ petitions were dismissed under the impugned judgment dated 7-12-1992. Hence these petitions.
5. Mr. Abid Hussain Minto, learned counsel for the petitioners in all these petitions, argued that Nawab Muhammad Fareed Khan had already made declaration under MLR 64 and subsequently there was declaration under MLR 115 and there could be no subsequent declaration in respect of the same property and the Chairman, Federal Land Commission had no power to authorise filing of fresh declarations under MLR 64 or under MLR 115 and that even in the case of pending cases the only thing to be seen was if there was change of statutes.
6. ' To consider these contentions on behalf of the petitioners, leave to appeal is granted in all these petitions. It is further ordered that the stay order already granted shall continue till these appeals are disposed of.