Law:

Section:

Constitution of Pakistan (1973)---Arts. 199 & 185 (3)-Writ-High Court holding plot in dispute to be property of contesting respondent-Rehabilitation Department, held, could not transfer such plot to any one else-Petitioner, obtaining, transfer from Rehabilitation Authorities, having not agitated against e order transferring property to respondent in first instance against a party to proceedings, held further. Should have taken remedy against it under law. ORDER M. S. H. QURESHI, J. :The dispute concerns a plot of land measuring 1 marla, adjacent to House No. 686/141, Ward No. 4, Shorkot City. The house had been transferred to Faqir Muhammad respondent and a P. T. D. had been issued in his favour on 10.2-1970. On coming to know that the plot was being put to auction, Faqir Muhammad applied for treating the same to be the courtyard and thus part of the house transferred to him. By way of caution, he also filed form B. S. under Scheme VII. Muhammad Latif Petitioner also sought transfer of the plot in his favour claiming to be in possession of the same. Both of them, however, failed before the Settlement Commissioner, who dismissed their separate revision petitions by order-dated 18-7-1973. Faqir Muhammad challenged the order of the Settlement Commissioner through Writ Petition No. 113/R of 1974 which was accepted on 13-2-1975 upon the view that the whole property Bearing No. 686/141 including the plot had already been transferred to him on a permanent basis. About a month later, i.e., on 18-3-1975, the petitioner, who had not agitated the order of the Settlement Commissioner dated 18-7-1973, purchased the plot from the Department and also obtained a P. T. D. in. respect of the same on 7-4-1975. Anticipating the trouble, he instituted Writ Petition No. 631/R of 1975 praying that the order of the Settlement Commissioner dated 18-7-1973 be set aside and his claim to the plot be declared to be valid and the P. T. D. issued in his favour to be absolute and legal. The High Court, however, dismissed the petition in l1mine for the reason that in view of the earlier judgment in Faqir Muhammad's Writ Petition No. 113/R of 1974, the…

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