Law:

Section:

(Land Settlement) Act (ID.VII of 1958)--- ----S. 10---Constitution of Pakistan (1973), Art. 199---Allotment of land--- Constitutional jurisdiction---Exercise of---Court below on basis of evidence found allottee entitled to allotment of disputed units---In absence of any legal mistake in the order of Court below by which allottee was held entitled to allotment of said units, such order could not be interfered with in Constitutional jurisdiction of High Court. JUDGMENT In this case petitioner No.l has died and his legal heirs have been brought on the record. Now the learned counsel for the petitioner represents the legal heirs of petitioner No.l and also petitioners Nos.2 and 3 in their own rights. 2. In this petition an order dated 26-6-1975 is assailed by which the Additional Deputy Commissioner (G) held the respondent to be entitled to the extent of 134 Units as to the disputed land. Learned counsel for the petitioner vehemently argues that this order of Settlement authority is, on the face of it, illegal and in contravention of the order of this Court passed on 21-10-1965 in Writ Petition No. 2144-8 of 1962. 3. It is not necessary to go into the history of this case. The parties have been litigating for the allotment of the land and finally the respondent No.l Muhammad Idrees filed Writ Petition No.2144-R of 1962 which was accepted and the case was remitted to the A.R.C. for fresh decision. While deciding the case learned Judge referred to certain observations made by the Settlement authority which are as under:-- "The learned Additional Rehabilitation Commissioner in his order confined himself to the question of reservation of the area in favour of the petitioner by the first order of the Deputy Rehabilitation Commissioner dated the 3rd of September 1955. He entirely ignored the facts that as sitting allottee the petitioner was entitled to the advantage given to him by paragraph 7 of West Pakistan Rehabilitation Settlement Scheme. He, therefore, directed that Idrees',s own claim should be satisfied out of Killas Nos. 7 and 15 of Square No.50 and Killas Nos.6, 13 and 14 of Square No.55 but confined his claim to 86 Units for which his claim had been verified…

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