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Civil Petitions for Special Leave to Appeals Nos. 146, 147 and 148 of 1968, decided on 30th May 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th February 1968, in Regular Second Appeals Nos. 102, 104 and 103 of 1968, respectively).
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--Board of Revenue's Memo randum No. 2805/62/2363‑S(G)III dated 8‑8‑62‑Question whether the promise of "concession of sale" contained in Memo randum was not by its nature or expression an enforcible under taking‑Whether Collector in face of undertaking not entitled to auction land allotted under Scheme‑Special Leave to Appeal granted by Supreme Court.
Ghulam Ahmad and others v. Board of Revenue, West Pakistan Lahore (Civil Petition for Special Leave to Appeal No. 501 of 1966) ref.
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--- Art. 58 (3)‑Decision of Single Judge of High Court based on a Division Bench decision Letters Patent Appeal in circumstance a futile attempt‑ Direct Petition for Special Leave to Appeal entertained by Supreme Court.
Muhammad Akram v. Niaz Ahmad Writ Petition No. 117 of 1964 ref.
Raja Said Akbar Khan, Advocate‑General West Pakistan (Iftikharul Haq Khan, Advocate Supreme Court with him), instructed by Ijaz Ali Sheikh, Attorney for Petitioners.
Nemo for Respondents.
Date of hearing : 30th May 1968.
‑The dispute in these cases relates to certain lands allotted under the Grow More Food Scheme. The respondents who were allottees under the said Scheme claimed that they were entitled to purchase these lands by private treaty in terms of the Board of Revenue's Memorandum No. 2805/62/2363‑S(G)III, dated the 8th August, 1962. Hence they challenged the auction of these lands by the Collector, by filing suits.
The suits were decreed by the trial Court and the decisions of the trial Court were upheld even in second appeal by the High Court. Hence the Province of West Pakistan and the Collector of Sahiwal seek special leave to appeal from the order of the learned Single Judge dismissing the second appeal.
The petitioners contend that they should be allowed to file petitions for special leave from the order of the learned Single Judge because the same is based upon a Division Bench decision in the case of Mohammad Akram v. Niaz Ahmad (Writ Petition No. 117 of 1964). In these circumstances it is contended that it would be futile to file any Letters Patent Appeal.
This appears to be correct. Hence the petitioners are allowed to move this Court for special leave to appeal from the Judgment of the learned Single Judge of the High Court of West Pakistan at Lahore and leave is granted in all these three matters because, leave has already been granted in the case of Ghulam Ahmad and others v. Board of Revenue, West Pakistan. Lahore (Civil Petition for Special Leave to Appeal No: 501 of 1966) to consider this very question, namely, as to whether the promise of "concession of sale" contained in the Memorandum of the Board of Revenue referred to above was not by its nature or expression an enforcible undertaking.
Since the Government is the petitioner in all these three cases, no security need be put in. These appeals will be heard along with the appeal arising out of Civil Petition No. 501 of 1966.
Leave granted.
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