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Writ Petition No.739 of 1981, decided on 16th June, 1986.

---Ss.10 & 30--Temporary cultivation lease scheme--Grant of proprietary rights--Application for--Direction of Government that State land should not be put to auction, held, would oblige Authority concerned to dispose of pending application of lessees of such land for grant of proprietary rights to them in accordance with law.

Malik Talib Hussain Awan for Petitioners.

S.M. Zubair, Asstt. A.-G. for Respondents.

Date of hearing: 16th June, 1986.

Petitioners were the lessees of the land in dispute under the temporary cultivation lease scheme. They applied for the grant of proprietary rights under Notification No 3215-79/3973-C-II, dated 3rd September, 1979. Claim of the petitioners is that they being the landless tenants in possession of the State land were entitled to the grant of proprietary rights under the said Notification. Their grievance, however, is that 'without disposing of their application for the grant of proprietary rights, the land in dispute has been included in the schedule of auction.

2. Departmental representative present in Court with record states that the Government has since issued the directions that the State lands be not put to auction. Learned Assistant Advocate-General submits that if the petitioners' application for the grant of proprietary rights is pending, the same shall be disposed of in accordance with law.

3. In view of what has been stated by the learned Assistant Advocate-General and the departmental representative, this petition is disposed of with the observation that the petitioners' application for the grant of proprietary rights, if pending, shall be considered and decided in accordance with law. There shall be no order as to costs.

H .B.T.

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