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Civil Petition for Special Leave to Appeal No. 793 of 1975, decided on 11th November, 1980.

(On appeal from the judgment and order of the Lahore High Court, dated 13‑5‑1975 in W.P. 457/1974).

‑‑‑Art. 185(3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11‑‑Cancellation of double allotment of land to Jammu and Kashmir refugees‑‑Interference and reversal in writ jurisdiction‑‑Order impugned‑‑Leave to appeal granted to consider (i) whether High Court erred in interfering with exercise of discretion by Settlement authorities and (ii) whether High Court's view that allotment pertaining to refugees from Jammu and Kashmir was based on a Scheme under which it could not be. cancelled, was contrary to law laid down by Supreme Court.

Muhammad Shafi v. Settlement Commissioner (Lands) 1976 SCMR 499 rel.

Syed Inayat Hussain, Advocate‑on‑Record for Petitioners. Date of hearing: 11th November, 1980.

The petitioners and one Chiragh Din (predecessor‑in‑interest of the respondents) are both refugees from Jammu and Kashmir and had settled in Sialkot District. Chiragh Din had obtained an allotment in village Sahowali and in another village. (which is not relevant to this petition). In the events that happened, the petitioner filed an application that Chiragh Din had obtained double allotments one in the, village Sahowali and a second in another village. This application was accepted by an Additional Settlement Commissioner on 18‑11‑1972, who cancelled the land allotted to Chiragh Din in village Sahowali, and allotted it on the same day to the petitioners. Therefore, the respondents filed a revision which was dismissed by the Settlement Commissioner on 18‑12‑1973. They then challenged the orders of the Settlement authorities in a' writ petition in the Lahore High Court which was allowed by a learned Judge on the ground that the allotment pertained to refugees from Jammu and Kashmir and was based on a scheme under which it could not be cancelled. Hence this petition for leave.

Mr. Inayat Hussain submitted that the learned Judge erred in interfering with the exercise of discretion by the Settlement authorities and further submitted that the view taken by the High Court was contrary to this Court's judgment in Muhammad Shaft v. Settlement Commissioner (Lands) 1976 S C M R 499. As this submission appears to be supported by this Court's judgment in Muhammad Shaft's case, we grant leave to examine it. Security in the sum of Rs. 1,000 which may be paid within a period of six months. The appeal will be made ready on the present record with liberty to the parties to file additional documents, if any.

M.I. Leave granted.

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