Law:

Section:

(a) Land Reforms Regulation, 1972 (MLR 115)----- ----Paras 28 & 29---West Pakistan Land Reforms Regulation, 1959 (M.L.R. 64), para. 19---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Agreement to sell resumed land on payment of instalments under Para. 19 of M.L.R. 64---Petitioner as grantee of such land after repeal of M.L.R.. 64 claimed to be owner thereof since instalments had been waived by Para. 28 of M. L. R. 115---Authority, after holding inquiry, cancelled grant on the ground that petitioner was not in physical cultivating possession of land and its use as houses was impermissible---Validity---Petitioner had participated in inquiry and had not disputed inquiry report, which was made basis of impugned order--­Promulgation of M.L.R. 115 had not nullified effect of such sale agreement or conditions incorporated therein---Provision of M.L.R. 115 had .only relaxed and/or waived condition of payment of instalments, while remaining other conditions of agreement intact---Promulgation of M.L.R. 115 could not change status of land, which was in the nature of grant---Question of possession being a question of fact, could not be decided in exercise of Constitutional jurisdiction---Petitioner had not availed remedy of revision---High Court would not sit in appeal against impugned orders by allowing petitioner to bypass available statutory remedy---Jurisdiction exercised by authority was covered by law---High Court dismissed Constitutional petition. Ghulam Muhammad v. Sijawal Hussian 1990 MLD 2412 ref. Khushi Muhammad v. Chief Land Commissioner 1993 SCMR 878 rel. (b) Constitution of Pakistan (1973)----- ----Art. 199---Issue raised being in nature of factual controversy--­Effect-High Court would not entertain such controversy in exercise of Constitutional jurisdiction. JUDGMENT AMIR HANI MUSLIM, J.---Through this petition, the petitioners have challenged orders of Chief Land Commissioner, Sindh, Hyderabad and Land Commission, Hyderabad, respondents Nos. 2 and 3 respectively, passed by them on the proceedings initiated by the petitioners. 2. The facts as pleaded in the memo. of, petition are that an area admeasuring 15.35 Acres was granted…

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