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Constitution of Pakistan (1973)-----Art. 185(3)--Ejected Tenant Scheme, 1960--High Court for valid and cogent reasons, dismissing petitioners writ petition, against order of authorities resuming land in question instead of transferring same to him under Ejected Tenant Scheme, 1960--Impugned order not suffering from any legal infirmity--Leave to appeal refused. A.R. Sheikh, Senior Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record (absent) for Petitioner. Sh. Maqbool Ahmad, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate-on-Record for Respondents. Date of hearing: 16th November, 1985. ORDER NASIM HASAN SHAH, J.--The petitioner was allotted some land under the Ejected Tenants Scheme, on 24-3-1952 in village Rakh Dherman in the District Sargodha which was exchanged by orders of the Government, dated 24-1-1961 for the area in dispute, which measures 65 Kanals 5 Marlas comprising Square No. 97, Killa Nos. 2, 3/1, 4/1, Square No. 99, Killa Nos. 9, 10, 11, 20, 21 and 22. Sometimes in May 1967, the petitioner applied for grant of proprietary rights in the above area under the Ejected Tenants Scheme, dated 8-10-1960. However, the Collector, instead of transferring proprietary rights to the petitioner, resumed the area in question itself on the ground that it was situate within ten miles of the outer limits of the Sargodha Municipal Committee, a First Class Municipality. The petitioners appeal to the Collector and the revision to the Board of Revenue against the said decision failed. He then approached the civil Court for redress. His suit was, however, dismissed, as also his appeal preferred before the District Judge. He then moved the Lahore High Court by a revision petition. However, when the revision petition came up for hearing, the petitioner, instead of pursuing it, surprisingly decided to withdraw it and moved a writ petition instead. Herein, he prayed for setting aside the order of the District Judge as well as the…

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