Law:

Section:

High Court Establishment Order (P. O. 8 of 1970), Art. 9­Reference by High Court-Question involved in two cases-Not identical-Not necessary, in circumstance, to consolidate them for hearing before one High Court-Revision pending at High Court L, however, directed to be decided as expeditiously as possible and writ petition pending in High Court B directed to be postponed during pendency of revision in High Court L. ORDER ANWARUL HAQ, J.-This is a reference by the Lahore High Court requesting that the Supreme Court may, of its own motion, direct under Article 9 of the High Court Establishment Order, 1970 (President's Order 8 of 1970) that Settlement Revision No. 79 of 1969 pending in the Lahore High Court and Writ Petition No. 1563/R of 1966 (re-numbered as Writ Petition No. 23 of 1967), pending at Quetta before the Sind & Baluchistan High Court by consolidated for hearing by one of these High Courts so as to avoid a conflict of decisions. This Reference was necessi­tated by the fact that none of the parties to these proceedings was willing to move an application in this behalf under the said Article. The facts necessary for the understanding of the Reference are that Haji Faqir Muhammad (petitioner in Settlement Revision No. 79 of 1969), a displaced person from East Punjab, was pro­posed the allotment of evacuee land in village Luliani, Tehsil Qasur, and also in village Ichhra, both in the Lahore District, against his verified claim for agricultural land abandoned in India. He however, did not to wish obtain any land in Lahore District and instead got his claim transferred to Quetta where certain area of land was allotted to him. This allotment led to the institution of three writ petitions bearing Nos. 6, 7 and 28 of 1964 before the Quetta Circuit of the then High Court of West Pakistan. These were disposed of by a learned Judge of that High Court on the 24th March 1966, and the question of allot­ment of two khasra numbers in dispute was remanded to the Settlement Commissioner, Quetta, for fresh decision. However, in the meantime, the learned Settlement Commis­sioner (Legal), purporting to exercise powers of the Chief Settlement Commissioner under sections…

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