SAYED ZAHID HUSSAIN, J.--- The petitioner was a temporary lessee whose lease was upto 'Rabi'
1989. Vide order dated 22.12.1987, the land particulars whereof have been mentioned in the order itself, was ordered to be transferred to the Education Department "for the construction of building of Government Girls High School of Chak No. 447-G.B. Tehsil Samundri, District Faisalabad." This order has been assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
2. It is contended by the learned counsel that th petitioner being a landless occupant of the land was entitled to the grant of proprietary rights thereof and the same could not be transferred to the Education Department. It is stated that the petitioner has continued in possession thereof till date.
3. Admittedly the petitioner was a temporary lessee foa fixed period till ' Rabi' 1989. According to the report submitted by the Board of Revenue, the land was reserved as Charagha' land meant for the extension of ' Abadi Deh' and for projects of general welfare of the community. The same was leased out to the petitioner for temporary cultivation only. He undertook through an affidavit that he would surrender the same as and when required by the Government for public purpose. The petitioner had thus, no locus standi to the disposal of the land for public purpose i.e. Construction of Girls High School nor had acquired any indefeasible right therein for proprietary rights. He himself having undertaken to vacate the same when required for the public purpose cannot wriggle out of his own commitment or take an inconsistent position. .