Law:

Section:

Constitution of Pakistan (1962) Art. 98Writ jurisdictionContention that -Respondent's revision petition before Settlement Commissioner being barred by limitation, writ petition should have been dismissed on such short groundFactual position of basis on which rival claims of parties have to be determinedNot controverted to be in nebulous stateRemand of case to Settlement Commissioner for proper inquiry on facts, held, in circumstances, perfectly just and proper-Petitioner could take any objection, including that of limitation, before Settlement Commis­sioner on whole case being reopened. ORDER MUHAMMAD GUL, J. Survey Nos. 23, 24 and 25 with a total area of 14.11 acres situate in Deh Patwar, Taluka Math, District Hyderabad, are entered as garden. Out of the above garden land, -Respondent No. 1 and his brother's wife Mst. Jehan Ara Razta Begum were jointly allotted survey No. 23, measuring 3.30 acres against their claim for garden land. The contiguous Survey No. 25 was allotted to one Hassan Abbas and the third Survey No. namely, 24 was allotted to the -Petitioner herein The -Petitioner filed an appeal claiming Survey Nos. 23 and 25 also in preference to -Respondent No. l and wife of his brother and Hassan Abbas. The appeal succeeded partially and the -Petitioner was allotted Survey No. 25 also and the allottment in favour of Hassan Abbas was cancelled. The -Petitioner filed a revision before the Rehabilitation Commissioner, claiming the allotment of Survey No. 23 also. In the meantime, Martial Law Regulation No. 84 came into force. In M. R. V. issued by the Central Record office in respect of the claim of -Respondent No. 1, the word 'garden' was omitted. -Respondent No. 1 represented against this omission and requested for the necessary correction. The correction however, was not issued in time and the Assistant Rehabilitation Commissioner (L), by order dated 1671962 also allotted Survey No. 23 to the -Petitioner, on the ground that M. R. V. issued in respect of the claim of -Respondent No. I did not show that his claim was for garden land and further that Survey No. 23 was also a part of Survey Nos. 24 and 25 which already stood allotted to the -Petitioner. An…

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