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Civil Petition for Special Leave to Appeal No. 792 of 1976, decided on 1st November, 1981.
(On appeal from the judgment and order of the Lahore High Court, dated 3‑6‑1976 in W. P. 913‑R/74).
----Ss. 10 & 11‑Allotment to informer‑Special leave to appeal -Granted by Supreme Court to consider whether an informer cannot be given urban land in lieu of his rural claim and whether an informer has locus standi to file a writ petition or a petition for special leave to appeal.‑[Locus standi].
Abida Khatoon v. Mian Ghulam Shabbir, Settlement Commissioner P L D 1964 S C 793 ; Muhammad Ismail v. Chief Settlement Commis sioner and others 1974 S C M R 85 and Ata Elahi and others v. Muhammad Shaft and others 1972 S C M R 532 cited but not examined.
Ch. Khalil‑ur‑Rehman, Advocate Supreme Court. and Salahuddin, Advocate‑on‑Record for Petitioners.
Ch. Aitzaz Ahsan, Advocate Supreme Court and Ejaz Ahmad Khan. Advocate‑on‑Record for Respondents.
Date of hearing : 1st November, 1981.
‑Learned counsel for the petitioners relies on a letter contained at page 33‑34 of the main original file to claim that there is no law that an informant cannot be given urban land in lieu of his rural claim. Learned counsel for the respondents refuses this construction of the aforesaid letter and on the other hand further refers to Abida Khatoon v. Mian Ghulam Shabbir, Settlement Commissioner (P L D 1964 S C 793), Muhammad Ismail v. Chief Settlement Commissioner and others (1974 S C M R 85) and Ata Elahi and others v. Muhammad Shaft and others (1972 S C M R 532) to contend that an informant has no locus standi to file a writ petition or consequently any petition for special leave to appeal, though the answer of the learned counsel for the petitioners is that here the informant had been allotted land in dispute and his aforesaid allotment has later on been cancelled on the subsequent mukhbari of Hazari Khan (respondent) and from that point of view the case in dispute is not between regular allottee but between two informers. The points raised inter alia require consideration. We grant leave to appeal. Security Rs.2,000. Status quo issued earlier to continue provided the petitioners furnish security for mesne profits from 4‑9‑1968 onward to the satisfaction of the Deputy Settlement Commissioner (Land), Faisalabad, within one month.
Leave granted.
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