' SAAD SAOOD JAN, J.---This is an appeal by special leave from the judgment dated 14-5-1991 of the Peshawar High Court whereby the Constitution petition of the appellant-Government was dismissed.
2. Haji Ali Muhammad Khan, respondent No,8, was the lessee for 99 years of land falling in the immediate vicinity of the Dak Bungalow at Pezu in District Bannu. On some report that he had encroached upon an area measuring 11 'x 192-1/2' attached to the Dak Bungalow, proceedings were initiated under the provisions of the N.W.F.P. Public Property (Removal of Encroachment) Act, 1977, and he was served with a notice to vacate the area in question. On his part he filed a suit before the Tribunal constituted under the said Act. The Tribunal was presided over by the District Judge, Bannu. The learned Tribunal had the area of the Dak Bungalow demarcated and found that there had been no encroachment. Accordingly, it declared the notice issued upon him to be invalid and illegal and directed to officials concerned to refrain from acting in pursuance of the same. The Provincial Government filed a Constitution petition in the High Court to call in question the legality of the order made by the learned Tribunal. A Division Bench in the High Court dismissed the petition. The Provincial Government has come in appeal by special leave to this Court.
3. Leave to appeal was granted to the appellant-Government with the following observations: "Heard. There is conflict in the two reports on the question of encroachment. This petition is converted into appeal. In the meanwhile Haji Abdur Rashid, Advocate, Peshawar, is appointed as Local Commissioner to visit the spot, do the measurement and determine the disputed question of encroachment if any. Government to provide him comfortable air-conditioned vehicle to visit the spot and bang long in question shall be provided to him as accommodation during the stay at the spot. A fee of Rs,5,000 plus Rs,1,500 per day if stay is more than one day, shall be paid to him by the Government/petitioner."
' In pursuance of the above order the Local Commissioner visited the spot and had the land attached to the Dak Bungalow measured. According to his finding there was no encroachment by respondent No,8 on the said land. Mr. Fateh Muhammad, learned counsel for the appellant, has not been able to find any fault with this finding.
4. It is quite clear that the appellant-Government had been unnecessarily pursuing a cause which has no substance. It has dragged a citizen through two Courts unnecessarily. Accordingly, we withdraw the leave granted to the appellant-Government and dismiss the petition. The appellant- Government shall pay Rs,10,000 by way of costs to respondent No,8.