Law:

Section:

Constitution of Pakistan (1972), Art. 186(3)-Petitioners not aggrieved by impugned order of settlement authority-Order merely not being implemented-Proper remedy for petitioner: to approach settlement authorities and not High Court or Supreme Court-Special leave to appeal refused. JUDGMENT HAMOODUR REHMAN C. J.-The petitioners who are the heirs of one Abdul Ghani Shah have come up to this Court for special leave to appeal from the judgment and order of a Division Bench of the Lahore High Court dismissing in limine their appeal under Clause 10 of the Letters Patent. It appears that the said Abdul Ghani Shah was allotted agricultural lands measuring 269 kanals in Chak No. 125/N. B. of District Sargodha as the son of one Imdad Ali Shah. In 1962, however, an application was filed by two persons alleging that the allotment had been obtained fraudulently as the said Abdul Ghani Shah was not a son of Imdad Ali Shah but only his murid. An enquiry was held on the basis of this complaint, and in the course thereof, Abdul Ghani Shah, who was then alive, was himself examined. He admitted that he was not the son of Imdad Ali Shah but only his murid and Manager of the property of Khanqah Miran Sahib of Taska in village Deria, District Ambala (India). The allotment in favour of Abdul Ghani Shah was, therefore, cancelled. He went up in appeal to the Additional Settlement Commissioner who accepted the same on the 21st of January 1964, and upheld the right of Abdul Ghani Shah to inherit the Trust properties of Imdad Ali Shah in his capacity of a murid; but since the District of Sargodha was a congested area he held that claims in respect of Trust property could not be registered there. It was, however, ordered that Abdul Ghani Shah's possession should not be disturbed till his claim form was received back after re-verification. The complainants went up in revision from this order. The Settlement Commissioner dismissed the revision, but in his order reiterated that, since allotments in lieu of Trust property could not be made in a congested area, the claims should be met from non-congested areas. However, he too ordered that "the allot­ment so far made will stand till such time…

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