Law:

Section:

(a) Constitution of Pakistan (1973)--------Art. 199---Constitutional petition---Maintainability---Findings of facts assailed in Constitutional petition---Dispute as to granting of proprietary rights to the respondents in land in dispute---Assistant Commissioner in successive inquiries found the respondents to be the members of the family of the petitioner, hence entitled to the grant of proprietary rights in land in question---Validity---Such findings of fact recorded repeatedly in successive inquiries on the initiation of the petitioners were based on the material duly appreciated by the inquiring officers and the findings so recorded, could not be said to be without basis---Such findings of facts could not be interfered with by the High Court in Constitutional petition. (b) Constitution of Pakistan (1973)--- -----Art. 199---Constitutional petition---Writ, issuance of.--Principle---Writ could not be issued if substantial justice had been done to the parties. JUDGMENT Order, dated 22-10-1987, passed by the Assistant Commissioner/ Collector/Deputy Settlement Commissioner Land), Pasrur in pursuance of an order passed in Writ Petition No. 148-R of 1985, has been challenged by the petitioners through this petition under Article 199 of the Constitution which arises in the following circumstances. 2. The petitioners claim to be the allottees of land measuring 63 Kanals, 18 Marlas, situated in Village Panwana, Tehsil Pusrur, District Sialkot as Jammu and Kashmir Refugees. On introduction of scheme for grant of proprietary rights in the year, 1974, they claim to have made an application for the grant of proprietary rights which was granted by the Assistant Commissioner, Pasrur. They were directed to deposit Rs.2,160 which they claimed to have deposited: Respondents Nos. l and 2 made an application, dated 11-3-1.980 to the Awistant Commissioner claiming that they were' also temporary allottees alongwith the petitioners but their names were not included in ' Fard Taqseem' and that they had paid the share of dues to the petitioners but the same have been deposited by the petitioners in his name alone. It was their prayer that in the mutation their names should also be…

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