Law: Punjab Local Government Ordinance, 1979

Section: 156 , 157

Punjab Local Government Ordinance (VI of 1979)--- ----Ss. 156 & 157---Constitution of Pakistan (1973), Art.199---Disputed question of fact---Scope of exercise of Constitutional jurisdiction-- Construction of shops and children park on land in question, by respondent Authority---Petitioners, claiming land in question, to be owned  by  them  and  objecting  to  such construction---Petitioners apparently through a collusive suit  had  divided  land  in  question,  in  equal shares---Petitioners in their suit, claimed land in question on basis of Shamilat, but in Constitutional petition they described said property as evacuee property, thus, taking a somersault and an inconsistent stance---Petitioners' possession had been categorically denied by respondent Authority---Matter relating to possession being a disputed question of fact, Court declined interference in Constitutional jurisdiction. Syed Jamshed Ali for Petitioners. Rana Muhammad Arshad Khan Addl.A.-G. for Respondent No.l. Asad Ullah Siddiqui for Respondent No.2. ORDER Petitioners through this Constitutional petition have assailed Notification, dated 4th of February, 1989 whereby  respondent  No.l  Deputy  Commissioner,   Gujranwala, in exercise of his powers under the Punjab Local Government Ordinance, 1979, read with West Pakistan Union Council Shamlat Rules, 1983 allowed the construction of shops and children part on Khasra No.1794 to the Town Committee, Alipur Chattha. The facts briefly, according to the writ petition, are that the petitioner No.l moved an application under Scheme-VIII and Scheme-IX for the transfer of evacuee plot measuring 10 Kanals comprising Khasra No.1794 in his possession. On the other side Riaz Hussain…