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Civil Review Petition No. 22 of 1966, decided on 17th June 1966.

(In the matter of review of the judgment of this Court dated the 15th April 1966, in Civil Appeal No. 118 of 1965).

‑‑ O. XXV1, r. 5‑Review‑Mere desire to bid for a property at an auction‑Does not carry a vested right to bring such property to auction.

‑‑--O. XXVI, r.5-‑Review‑Petitioner's case for transfer of whole or pert of property‑Finally rejected by Settlement authorities--- No locus standi in petitioner to assert any rights in respect of such property.

Shabbir Ahmad, Senior Advocate Supreme Court (Haider Kudwai, Advocate Supreme Court with him) instructed by Ghulam Mohy‑ud‑Din,. Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : l7th June 1966.

By this petition, review is sought only of that part of this Court's judgment of the 15th April 1965, where it is said that transfer of the "excess area" included in the compound of an evacuee house to the transferee of that house was in the discretion of the Settlement Authorities, and there had been no illegality in the exercise of that discretion. It was said also that after the present petitioner's claim to transfer of the property in which he occupied only an outhouse, had been rejected, he had no locus standi to challenge the transfer of the 'excess area' to the transferee.

Mr. Shabbir Ahmad's contention is that under certain instructions of the Chief Settlement Commissioner, "excess area" beyond a prescribed minimum should be sold by auction, and he adds that his client. who has been living in an outhouse on the estate for many years, wishes td bid at such an auction. Tree mere desire to bid for a property at an auction does not .4 carry a vested right to bring such property to auction. It is difficult to suppose that for property situated in a very central part of Lahore civil lines where prices rule very high, a person who has been content to occupy an outhouse on the property for many years can have the means, and therefore a bona fide desire, to bid at an auction. It may be safely inferred that the effort is being made on behalf of another or others the point of locus standi thus gains added weight. It is clear that the petitioner, whose case for transfer of the whale or part of the property, in Settlement, has been finally rejected, has no locus standi to assert any rights in respect thereof.

Mr. Shabbir Ahmad refers us to certain instructions issued by the Chief settlement Commissioner, which were never mentioned at the hearing of the appeal. Up to that stage, the case of to petitioner was based on a claim to transfer of the whole or part of the property. If indeed there has been violation of any binding direction by the Chief Settlement Commissioner, the matter may be moved before him in competent form, irrespective of anything said in our order of the 15^th April, 1966.

The petition is dismissed.

Petition dismissed,

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