Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Allotment of evacuee property--Verification of transfer order--Application for approval of construction of building plan--Issuance of approval letter--Seizition of property--Appeal--Dismissed--Properties were desealed after verification by Civil Court--Interim order--Maintainability--Challenge to--Property of petitioner was de-sealed after due verification by Civil Court vide order dated 17.05.2019 and petitioner was making construction thereon--Inspite of having knowledge of above said order, Respondent No. 1/Chief Settlement Commissioner has initiated proceedings on application of Respondents No. 2 to 4--Present petitioner filed a C.M. No. 03 of 2018 under Section 12(2) of CPC against said order, which was disposed of with a direction to Respondent No. 4 to associate applicant in said proceedings and then proceed accordingly in terms of order dated 26lh November, 2018 being aggrieved of said order filed an Intra Court Appeal Bearing No. 256558/2018 but same was dismissed--Merits of case cannot be entertained and discussed in instant petition, because matter is sub judice--Pursuant to orders of this Court and in view of ratio of above said s, writ petition in hand is not maintainable; thus, no relief as prayed for can be granted to petitioner, as impugned order has been passed with jurisdiction has also taken recourse to Civil Court by filing a suit titled Faisal Afz.nl v. Chief Settlement Commissioner (Residual properties/Notified Officer, Punjab, (Member Judicial-VIII), Board of Revenue Lahore, etc. for declaration with consequential relief, so any findings at this stage, may prejudice case of cither of party, pending before competent Court of jurisdiction and it would amount to hamper said proceedings--Petition dismissed. JUDGMENT Precisely, the facts as emerged from the memorandum of petition are as such that property No. F-2572 situated Inside Kashmiri Gate, Lahore being Evacuee Properly was allotted/transferred through Transfer Order No. 17481 dated 05.11.1974 by the Deputy Commissioner (Settlement), Lahore on 06.01.1974 to one Rana Muhammad Ashfaq son of Muhammad Ishaque. Its first sale was made through…

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