Law:

Section:

Constitution of Pakistan (1973)-- Art. 199-Conjectural inferences-Writ jurisdiction-Conclusions drawn by tribunal not only wholly unjustified but also based on con­jectural inferences-Interference with such conclusions, held, justified in constitutional jurisdiction of High Court-Constitution of Pakistan (1973), Art. 185(3). ORDER MUHAMMAD HALEEM, J.-The petitioner seeks special leave to appeal against the order of the Lahore High Court, Bahawalpur Circuit, Baghdadul Jadid, dated 18th of March 1975, by which Writ Petition No. 4-R/70-BWP was allowed and the order of the Deputy Settlement Commissioner dated 7th of August, 1968, was restored. The dispute relates to the transfer of 315 kanals and 9 marlas of agricultural land situate in village Sajawalwala, District Bahawalpur. This land was allotted and confirmed in the name of petitioner by the Chairman, Allotment Committee. The respondents 1-7 went in appeal against it to the Additional Settlement Commissioner (Land) who remanded the case to the Deputy Settlement Commissioner for deciding it afresh. On remand, the Deputy Settlement Commissioner, by order dated 7th of August 1968, allotted the land to the respondents against which order the petitioner filed an appeal before the Additional Settlement Commissioner who cancelled the allotment of the respondents and restored the order dated 20th of August 1966. The respondents, thereupon, filed a revision before the Settlement Commissioner (Land), which was rejected by order dated 14th of November 1969. The respondents next filed the aforementioned writ petition to assail the orders of the Additional Settlement Commissioner and the Settlement Commis­sioner dated 11th of June, 1969 and 14th of November 1969, respectively, and succeeded. The High Court examined the material afresh and held: firstly, that the claim form of the respondents "reached the village Sajawalwala earlier and was registered at Serial No. 85 of R. L. II" whereas that of the petitioner was received later and entered at Serial No. 87 of R. L. II which fact was correctly recorded by the Deputy Settlement Commissioner in his order dated 7th of August 1968 and, therefore, in the light of the principle…

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