Law:

Section:

Constitution of Pakistan (1973) ---Art. 199 Constitutional jurisdiction Cannot be invoked to perform a duty already performed Settlement authorities already deciding an identical grievance, held, justified in not re opening matter. Ch. Muhammad Farooq, Advocate with S. Inayat Hussain, Advocate on ¬Record for petitioner. Pervez Akhtar, Advocate with Sh. Salahuddin, Advocate on Record for Respondents Nos. 1 and 2. Date of hearing: 11th February, 1980. ORDER SHAFI UR REHMAN, J The petitioner seeks leave to appeal against an order of the Lahore High Court dated 2 3 1977 whereby the Constitutional petition filed by him was dismissed with costs. 2. A property belonging to Dev Raj, an evacuee, comprised two separate units bearing different numbers being adjacent to one another. The properties were transferred to various persons on their applications or by means of auction. The petitioner purchased portions transferred to two such persons, namely, Ruqqia Begum and Nawab Muhammad Farahim Khan, In respect of another portion he alongwith Fida Muhammad applied for joint transfer by negotiation under M. L. R. 86. He also sought demarcation of the property transferred to various persons so that his own entitlement as purchaser from such transferees may be placed' beyond any doubt. This application came up before the Deputy Settlement Commissioner for its final disposal on 27 3 1975. He found that M. L. R. 86 had been withdrawn by the Government and the property on that account could not be transferred by negotiation. As regards the other prayer it was held by the Deputy Settlement Commissioner that it had already been disposed of by an earlier order of the Deputy Settlement Commissioner passed on 9 5 1966 and he could not sit in judgment over it. This order of the Deputy Settlement Commissioner was challenged in the High Court. The learned Judge came to the conclusion that the demarcation sought for by the petitioner was a repetition of the request earlier made and disposed of by the Deputy Settlement Commissioner on 9 5 1966. It was also found that from the record it appeared that the petitioner was a purchaser of Property No. 204 and could not claim any portion of the…

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