Law:

Section:

Constitution of Pakistan (1962), Art. 98-Question of fact ­High Court in writ jurisdiction would not interfere with finding on such questions. Munir Ahmad, Advocate Supreme Court instructed by Tanvir Ahmad, Attorney for Petitioners. Nemo for Respondents. Date of hearing : 5th October 1967. JUDGMENT S. A. RAHMAN, J.-In this petition for special leave ; to appeal from an order passed by the High Court in writ jurisdiction, Mr. Munir, on behalf of the petitioners, Muhammad Zaman and others, has argued that an order passed by the Additional Settle­ment Commissioner in revision, was without jurisdiction. He states that section 19 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 had been amended by Ordi­nance XIII of 1964 so as to take away the power of hearing revisions, by Additional Settlement Commissioners, and only the Settlement Commissioner could hear such a revision. It appears that from this revisional order passed by the Additional Settlement Commissioner, a further revision was taken to the Settlement Commissioner, whose order appears at page 39 et seq of the record: That officer noted that the Additional Settlement Commissioner, when first approached in revision, declined to exercise jurisdiction on the ground that he was not invested with the requisite powers. Later, by an application, it was pleaded before him that he had been invested with such powers, and then he heard the revision petition and dismissed it: No challenge was made to his power to hear the petition by the petitioners at that stage: Nor did they raise, that question before the Settlement Commissioner in the second revision, or before the High Court when the writ petition was heard. It was a question of fact as to when the Additional Settlement Commissioner was invested with the powers of Settlement…

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