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Civil Petition for Special Leave to Appeal No. 409 of 1976, decided on 9th February, 1983.
(On appeal from the judgment and order of the Lahore High Court, dated 23‑12‑1975 in L. P. A. 208/75).
‑‑Arts. 185 (3) & 199‑‑Colonization of Government Lands (Punjab) Act (V of 1912), S. 10‑Sale of State land‑Contract of sale revoked by Collector for non‑payment of price‑Revision against such order pending decision before Board of Revenue‑Held, decision of case On merits in circumstances to be futile when fate of proceedings before Board of Revenue not known‑Case not fit for Leave to Appeal.
Abdul Majid, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.
S. A. Saeed, Advocate Supreme Court and S. Wajid Hussain Advocate-on‑Record for Respondents.
Dates of hearing : 9th February, 1983.
‑‑Leave to appeal has been sought from the order dated 23‑12‑1975 of the Lahore High Court, whereby a constitutional petition arising out of the sale of a State land, was dismissed 14, limine.
It was the case of the petitioners before the High Court, that a contract foe 'sale of State land to the petitioner company through Muhammad Amin, proprietor was completed subject to determination and due payment of the price. And that the determination and mode of payment as requested on instalments, was delayed from the respondents' side and for no fault of the petitioner, the contract was revoked by the Board of Revenue without notice on ground of non‑payment of price.
The formal order it is not denied was passed by the Collector. The said Order of the Collector it is stated was challenged and a revision is either pending or has been decided by the‑Board of Revenue. The learned counsel was unable to contest the position that it would be futile to decide this case on merits when the fate of the other above‑referred proceedings is not known .
With these observations we do not consider it a fit case for leave to appeal. The same is accordingly refused.
S.Q. Leave refused
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