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Civil Petition for Special Leave to Appeal No. 804 of 1981, decided on 10th March, 1986.

(From the judgment/order of Lahore High Court, Lahore, dated 9‑6‑1981 passed in Writ Petition No. 4694 of 1979).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Colonization of Government Lands (Punjab) Act (V of 1912)‑‑Petitioner challenging allotment of land in favour of respondent which latter had to take into possession on expiry of lease of petitioner‑ Petitioner not disclosing either before High Court or Supreme Court another line of litigation which he had been perusing‑‑Petitioner as such did not approach Courts with clean hands‑‑Jurisdiction to grant leave being highly discretionary leave to appeal was refused in circumstances.

Syed Iftikhar Ahmad, Advocate Supreme Court with Walayat Umar Chaudhury, Advocate‑on‑Record (absent) for Petitioner.

Ch. Khalil‑ur‑Rehman, Senior Advocate with Mian Saeedur Rehman Farrukh, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on -Record (absent) for Respondent No. 4.

Date of hearing: 10th March, 1986.

.‑‑Leave to appeal has been sought from judgment dated 9‑6‑1981 of the Lahore High Court; whereby a Constitutional petition arising out of Land Grant Scheme under the Colonization of Government Lands (Punjab) Act (No. V of 1912) filed by the petitioner, was dismissed.

2. The facts given by the learned counsel are that the petitioner held temporary lease of land for 5 years from 1974 to 1979. In March, 1978, necessary orders and notifications were issued that the temporary leases would be extended by another 5 years. And subsequently by another notification promise was held out to the temporary lessees like the petitioner that they might be granted proprietary rights. In the meanwhile, however the land in dispute allotted under the then temporary lease of the petitioner was allotted to the contestant‑respondents on 7‑12‑1978 as an alternate land under Grow More Food Scheme framed under the same law which is relied upon by the petitioner. The respondents were, however, directed to take the possession on the expiry of the initial lease period in favour of the petitioner. This was challenged from the petitioner side before the Commissioner, but the appeal was dismissed and the revision before the Member, Board of Revenue, met the same fate.

3. Learned counsel for the petitioner vehemently argued that by subsequent notifications after the initial temporary lease granted to the petitioner, he became entitled firstly to the extension of lease beyond 1979 for 5 years and then to the grant of proprietary rights under certain conditions. Therefore, the land in dispute was within the vested rights of the petitioner, it could not have been granted to the respondent side.

4. Learned counsel for the respondents in reply has contended that the petitioner did not take the High Court nor this Court in confidence with regard to another line of litigation lodged by him. According to him the petitioner instituted a suit with regard to the same subject‑matter. He had also made an application for stay order which was refused. His appeal against this refusal was also dismissed. The petitioner then abandoned the said suit. It was during this period that the respondent‑side was given the land in dispute. Not satisfied with the first attempt in the civil Court the petitioner filed a second suit. This time the actual transfer of the land to the respondents was challenged. But after sometime the counsel made the statement giving up the pursuit of the suit by asserting that the petitioner had not given him any instructions. It was thereafter that the petitioner started pursuing the third channel of litigation by moving the Colony Authorities and then ultimately filing the writ petition.

The aforesaid fact shows that the petitioner did not approach the Courts with clean hands. The jurisdiction to grant leave to appeal is highly discretionary. We feel that in the afore stated circumstances it is not a fit case for grant of leave to appeal. The petition accordingly is dismissed.

M . Y . H . Petition dismissed.

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