Law:

Section:

Settlement Scheme No.VIII--Para.2---Constitution of Pakistan (1973), Art.185(3)---Petitioners' Constitutional petition against cancellation of their P.T.O. was dismissed by High Court for non-prosecution---Application for restoration of Constitutional petition was also dismissed, as. also their Intra Court Appeal---Leave to appeal was granted to examine whether hearing by High Court on specified date despite notification issued by Federal Government declaring that day as a public holiday suffered from any legal infirmity and if not, whether non-appearance of petitioners or their counsel amounted to gross negligence which called for penalty of dismissal of their petition---Petitioners were permitted on oral request for treating present petition against decision of Single Judge, if ultimately it was held that Intra Court Appeal was not competent---Petitioners were allowed to file application for condonation of delay. ORDER ABDUL QADEER CHAUDHRY, J.--The petitioners seek leave to appeal against the order of the Peshawar High Court dated 9-4-1989. 2. The facts, in brief, are that the evacuee bungalow bearing C.B. No. 165/1, Peshawar Cantt: was transferred by the Settlement Department to the petitioners and respondents 1, 2 and 4. It is claimed that they are real brothers and sisters inter se. Out of the transfer price, payment had been made upto 95.72% of the sale price leaving the balance of . Rs.1,403 only. The N: W.F.P. Government by its notification dated 26-11-1973 added the following proviso to its Settlement Scheme No.VIII-- "Provided that in cases where more than 25% of the transfer price has already been paid no resumption proceedings will be initiated but Transfer Order as provided under paragraph II will be issued." 3. It is the case of the petitioners that respondent No.5 at the application of respondent No.1 cancelled the P.T.O. pertaining to the 5/7 shares of the petitioners and respondent No. 4 in the bungalow in question and transferred them to respondent No. 1. The petitioners filed a writ petition in the Peshawar High Court. The petition was admitted by the High Court on 25-6-1988 in the following terms:-- "Inter alia contends that the Deputy…

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