Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 45---Civil Procedure Code (V of 1908), S.11---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Res judicata, principle of---Applicability---Mutation on the basis of decree passed by Civil Courts--­Matter was finally settled between the parties up to High Court in favour of the petitioners and the order of High Court was not assailed before Supreme Court---Revenue Authorities did not implement the decree passed by Civil Court which had attained finality---Validity---Where order passed by High Court was not challenged before Supreme Court such order of High Court had attained finality and on the basis of principle of res judicata, the same was binding between the parties. Pir Bakhsh v. Chairman, Allotment Committee and others PLD 1987 SC 145 and Ali Ahmad and another's case 1972 SCMR 322 ref. (b) Administration of justice--- ----Act of public functionary---Nobody should be penalized by the act of public functionary. Abdul Latif's case PLD 1994 Lah. 3 ref. JUDGMENT The brief facts out of which the present writ petition arises are that the predecessor-in-interest of the petitioners filed a suit for possession against respondent No.4 and predecessor-in-interest of respondents Nos.5 to 30 of the land in question measuring 786 Kanals and 14 Marlas situated in Khata No. 182 Khasra Nos.895-940-938-939, 2543/944, 958, 960, 961, 893 and 2528/942/994 and 1/2 share of Khata No.183/619 Khasra No.2253/664, 2254/664, 2255/664 measuring 57 Kanals and 11 Marlas with a share in the un-partitioned Shamlat Deh on the basis of Jamabandi of 1939-40 relating to village Mauza Khansar, Tehsil and District Bhakkar in the Court of Civil Judge, Bhakkar. The learned Civil Judge decreed the suit in favour of the predecessor-in-interest of the petitioners vide judgment and decree, dated 18-7-1944. Respondent No.4 and predecessor-in-interest of respondents Nos. 5 to 13 being aggrieved filed. appeal before the District Judge, Mianwali who accepted the same vide judgment and decree, dated 28-2-1945. Predecessor-in-interest of the present petitioners being aggrieved filed Regular Second Appeal No. 1321 of 1945 before…

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