Law:

Section:

Displaced Persona (Land Settlement) Act (XLVII of 1958)---- Ss. 10, 11 & (2 read with Constitution of Pakistan (1973), Art. 199-Writ jurisdiction- Petitioners choosing their remedy and going to civil Court to challenge order of Settlement Authority-Suit still pending-Petitioners, held, could not be allowed to agitate same matter concurrently in another forum of High Court in writ jurisdiction. JUDGMENT HAMOODUR RAHMAN, C. J.-.The dispute in this case relates to the cancellation of 164 units from the allotments of the petitioners in Khasra Nos. 4, 6/1, 15/1 and 25 of Square No. 25 of Chak No. 1/JB, Lyallpur. The petitioners had been allotted these lands as the heirs of one, Mahando son of Nathu who had died in India after 15-8-1947 in a refugee camp. The said Mahando owned lands in village Bhale and Dhaluke of District Jullunder in India. His son, Hukum Din, who was the predecessor-in-interest of the present petitioners, migrated to Pakistan but died a few days thereafter. The petitioners, who were all minors at that time, were allotted lands on tempor­ary basis in Chak No. 1/JB District Lyallpur. Their paternal grand-father, Jhanda son of Sawan, filed claim$ on their behalf. These were duly verified and lands in Killas Nos. 4, 5/1, 10/1, 15 and 25 of square No. 25 in the above-mentioned Chak were allotted to them equivalent to 293 P. I. units out of the total verified claim of Mahando amounting to 411 P.I. units. Subsequently, on 11-12-1953, the mutation of inheritance of Mahando was also sanctioned in favour of the petitioners. Copies of R. L. II were also issued to them. During the consolidation proceedings, however, the petitioners were settled in Khasra Nos. 6/2, 7/1, 15, 16 and 25 of the same square and, in due course, they deposited the settlement dues as required by Displaced Persons (Land Settlement) Rules, 1959. The heirs of Sarbuland, a pro-deceased son of Mahando, it appears, also filed a claim form in respect of lands abandoned by Mahando to India and got confirmed lands equivalent to 167 P.I. units in Chak No. 208/J B, Tehsil Toba Tok Singh, Lyallpur. After this, on the 5th, July 1969, one, Faqiria son of Nathu, the predecessor win-interest of…

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