' SH. IJAZ NISAR, J.---Leave is sought against the judgment, dated 3-10-1997, passed by the Lahore High Court, Lahore in W.P. No, 11033/1997.
2. The dispute in this case pertains to the allotment of a quarter in Wafaqi Colony, Lahore. Quarter No,2/1-C was allotted to Safdar Abbas (respondent No,2), Appraiser, Customs House, Lahore, on 15- 8-1996. One Muratab Ali Gondal, Inspector, Central Excise and Customs Department, filed a suit for declaration in respect of the aforementioned quarter. The suit was contested by the Estate Office, Lahore, which resulted in the rejection of plaint by the Civil Court on 26-4-1997.
3. Muhammad Ijazul Haq Malik, petitioner herein, filed W.P. No,9286 of 1995 in the Lahore High Court, claiming allotment of quarter No,11/3-C. The Assistant Estate Officer (respondent No, 1) made a conceding statement in the said Constitutional petition that possession of quarter No,11/3-C shall be delivered to him, but the same could not be done as the occupant/allottee of the said quarter filed a review application in the said writ petition which was accepted by the learned High Court and the order for delivery of possession of the quarter to the petitioner was recalled on 4-2-1996.
The petitioner than filed an I.C.A. Against the said order which was dismissed on 24-6-1996. The review application filed by him was also rejected. He then filed C.P.L.A. No, 2294/L of 1996 in this Court. In this petition the Assistant Estate Officer appeared before the Court on 28-4-1997 and made a statement that since the plaint of the suit filed by Muratab Ali Gondal had been rejected by the Civil Court, therefore, he would take necessary steps for his eviction from quarter No,2/1-C, Wafaqi Colony, Lahore and offer the same to Muhammad Ijazul Haq petitioner in lieu of quarter No, 11/3-C. In the light of that statement the Supreme Court disposed of C.P. No, 2294/L of 1996 as having borne fruit through order dated 28-4-1997.
' In compliance with the statement made by the Assistant Estate Officer before the Supreme Court on 28-4-1997 the allotment of Quarter No,2/1-C, was cancelled from the name of Safdar Abbas, Appraiser, Customs Department. He challenged the legality of the cancelation order by filing W.P.
No, 11033 of 1997. It was contended before the High Court that Safdar Abbas was not a party to W.P.
No 9286 of 1995 filed by Muhammad Ijazul Haq Malik petitioner in respect of quarter No,11/3/C and that he was also not made party before the Supreme Court in C.P. No, 2294/L of 1996 and that since he was a valid allottee of quarter No, 2/1-C he could not be dispossessed to accommodate Ijazul Haq. According to him the correct position was not brought to the notice of the Supreme Court by the Estate Office and a statement was made that as the plaint of the suit filed by Muratab Ali had been rejected by the Civil Court, Quarter No,2/1-C was available for allotment in favour of Muhammad Ijazul Haq petitioner. After examining these circumstances the learned High Court observed that if the true position had been brought to the notice of the Supreme Court, it would not have passed the order dated 28-4-1997.
' The learned High Court further observed that since Muhammad Ijazul Haq Malik petitioner was an officer of Grade-12, quarters Nos. 11/3-C and 2/1-C were beyond his entitlement and were meant for officers in grade-14 and above. Safdar Abbas allottee of quarter No,2/1-C was a grade-14 officer and the quarter in dispute was according to his entitlement. According to the learned High Court, Muhammad Ijazul Haq petitioner was already in occupation of quarter No, 53/4/D, Wafaqi Colony, Lahore, which was according to his entitlement and he wanted a better accommodation because as stated by him the said quarter was not in good shape and required repairs. The learned High Court while setting aside the order dated 28-4-1997 of the cancellation of allotment of quarter No,2/1-C in favour of Safdar Abbas aforementioned directed the Estate Office, Lahore, to carry out necessary repairs of quarter No, 53/4-D in possession of the petitioner within two months.
4. Feeling aggrieved, Muhammad Ijazaul Haq Malik petitioner has petitioned to this Court. His main grievance is that the order of the Supreme Court dated 28-4-1997 should have been implemented in toto and delivery of possession of quarter No, 2/1-C made to him.
' Admittedly, quarters No,11/3-C and quarter No,2/1-C, Wafaqi Colony, Lahore, are beyond the entitlement of the petitioner. He is already occupying quarter commensurate with his entitlement.
Since the order dated 28-4-1997 of A the Estate Officer was passed at the back of Safdar Abbas respondent without providing him an opportunity of hearing to him and on the misstatement of the Estate Officer it was rightly set aside by the learned High Court.
' Finding no substance in the petition, the same is dismissed.
Leave to .