Law:

Section:

Constitution of Pakistan (1962), Art. 98 and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-Two applicants for transfer of a house-Question as to which one of the two, a prior allottee-Purely a question of fact­-High Court, exercising writ jurisdiction, not competent to substitute its own decision on such question for decision of authority or tribunal below-Question of fact found to have been not properly decided--­Proper procedure to set aside impugned order and remand case to same authority for decision in accordance with law. It has been consistently pointed out that, in the exercise of the extraordinary jurisdiction under Article 98 of the Constitution of 1962, the High Court has no jurisdiction to substitute its own decision for the decision of the inferior authority, because, the decisions of the inferior authority are not subject to the High Court's appellate Jurisdiction. Where it is found that questions of fact have not been properly decided, the appropriate procedure is to set aside the impugned order of the authority concerned and send the case back to the same authority for decision in accordance with law. Disputed questions of fact are not, as a rule, amenable to adjudication in this extraordinary jurisdiction, for, the High Court, exercising this jurisdiction, does not act as a Court of Appeal but merely as a Court for correcting a grave illegality. Where an inferior authority has acted contrary to law or to rules of natural justice, the practice is to set aside the order of the inferior authority and send the case back for proper decision by that authority, particularly, where that authority has, exclusive jurisdiction in the matter. Syed Azmat Ali v. Chief Settlement and Rehabilitation Commis­sioner P L D 1964 S C 260; Begurn B. H. Syed v. Mst. Afzal Jahan Begum P L D 1970 S C 29 and Sh. Khursheed Muhammad v. Settlement anti Rehabilitation Commissioner P L D 1971 S C 498 re/. Abdul Majid Khan, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record for Appellant. Ch. Muhammad Hussain, Advocate Supreme Court instructed by Khawaja Wali Muhammad, Advocate-on-Record for Respondent No. 1.…

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