Law:

Section:

Constitution of Pakistan (1973)--Art. 199-Writ jurisdiction--Question whether a person necessary or proper party-Within jurisdiction of Settlement Commissioner and Settlement Commissioner entitled in exercise of his discretion to set aside orders of his subordinates even if of view as to such person being a proper party-Judgment of supreme Court entitling petitioner to a portion of plot in dispute and such having become final, Settlement Commissioner, held, could not be said to have acted illegally or perversely in allowing such person to be impleaded in case before him and High Court could not have been justified in its limited, con­stitutional jurisdiction in interfering with Settlement Commissioner's order.-[Jurisdiction]. ORDER DORAB PATEL J.-The dispute in this petition for leave relates to a plot of land on Mission Road, Lahore, which measures about ten marlas. As the petitioner had occupied and built a structure on a very small plot of this plot, she had applied for it under Settlement Scheme No. IV in June, 1959. However, although her application was not disposed of, the plot was put up for auction by the Settlement Department and was auctioned on 15-7-1961 in favour of the second respondent. Therefore, she challenged the order for the auction of this plot but her claim was rejected by the Deputy Settlement Commissioner on 15-2-1962 and the auction in the second respondent's favour was confirmed by the same order. The petitioner, therefore, filed a revision before the Settlement Commissioner which was dismissed on 4-2-1963. She, therefore, challenged the impugned orders in a writ petition in the Lahore Seat of the West Pakistan High Court, but as her writ petition was dismissed in limine, in 1963, she filed a petition for leave in this Court. Leave was granted and her appeal was allowed on terms by this Court by its judgment dated 4-6-1965. The direction given by this Court in Mst. Mahmooda Tehsin v. Ejaz Hussain Shah PLD1965SC618 reads: - "(The petitioner) admits that she is not in possession of that part of the plot on which she has not built. She is only in possession of the portion built upon Paragraph 13 was not intended to entitle a person to a…

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