Law:

Section: 161

P L D 1998 Karachi 28 Constitutional Petition No.D-656 of 1995, decided on 24th September, 1997. West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 161---Constitution of Pakistan (1973), Art.199---Constitutional petition--Natural justice, principles of---Violation of such principles---Effect---Whether Constitutional jurisdiction could be invoked ignoring available statutory remedy---Mutation of safe set aside by Assistant Commissioner without issuing show-cause notice to petitioners and without affording them opportunity of being heard---Validity---Respondent's claim that other remedies. of filing suit and revision being available, Constitutional jurisdiction could not be exercised, such contention was of no effect---Where Tribunal or Court had acted in violation of principles of natural justice by not affording opportunity of hearing to petitioners and had exceeded its jurisdiction by condoning delay of seven years in entertaining appeal against mutation without assigning any reasons, such order could not be deemed to have been passed with lawful authority--Constitutional jurisdiction would be more effective and efficacious remedy in such cases than other remedies available under the law- --Respondent's contention that mutations in question being fraudulent and forged were rightly set aside by Assistant Commissioner had no bases as no such finding had been recorded by Assistant Commissioner---Such contention, being a disputed question of fact, could not be gone into by the High Court---Order of Assistant Commissioner whereby mutations of sale were set aside, having been passed in derogation of principles of natural justice, was declared to be without lawful authority and of no legal effect---Parties were, however, would be at liberty to agitate their rights before proper forum, if so advised. Muhammad Baran v. Member (Settlement and Rehabilitation), Board of Revenue PLD 1991 SC 691; Utility Stores Corporation of Pakistan Ltd. v. Punjab Labour Appellate Tribunal PLD 1987 SC 447; Ronaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236; Anisa Rehman v. .P.I.A. Corporation 1994 SCMR 2232; Hydri Ship-.Breaking Industries Ltd. v. Sindh Government…