NAUSHER AHMAD KHAN and 8 others vs DISTRICT COLLECTOR/DEPUTY
This matter arises from a petition for leave to appeal against the dismissal by the High Court of a constitutional petition relating to the allotment of State land under the Horse-Breeding Tenancy Scheme. The core legal question concerns the rival claims for the allotment of tenancy following the death of the original tenant, Hassan Ali, between his sons, where the Remount Officer recommended the younger son and the Collector eventually allotted the tenancy to him after the death of the elder claimant, Ahmed Khan. The Supreme Court granted leave to appeal to consider the questions raised, noting that similar leave had been granted in connected matters, and directed that the appeal be prepared on the present record along with the filing of necessary additional documents to be heard alongside those connected cases. The holding establishes that where similar substantial questions regarding land allotment under tenancy schemes arise, leave to appeal is warranted for a comprehensive examination alongside pending analogous matters.
- Whether leave to appeal should be granted when similar questions regarding the allotment of State land under the Horse-Breeding Tenancy Scheme are pending in other cases?
- How does the death of a claimant affect the proceedings for the allotment of tenancy under government schemes?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought, against the dismissal by the High Court, of a Constitutional petition which had arisen out of an allotment of State land under the Horse-Breeding Tenancy Scheme.
2. ' Hassan All the original tenant having died there were two claimants for the allotment - One Ahmed Khan the predecessor-in-interest of the petitioners and the other Waryam respondent No,4, both being sons of Hassan Ali. The Remount Officer had recommended the name of respondent No,4. During the pendency of the matter before the Collector, Ahmed Khan who was the elder brother of the two died. The tenancy was allotted to respondent No,4. Petitioners' appeal, revision and writ petition having been dismissed they have now sought leave to appeal.
3. ' Similar questions having earlier been raised, leave to appeal was granted in CP-220 of 1982 on 31st March 1988 and in CP-940 of 1982 on 13th August, 1988. Leave to appeal is granted in this case also.
4. ' Security Rs,5,000.
5. The appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of the appeal. This appeal shall be heard alongwith the other cases. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.