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Civil Miscellaneous Petition No. 298 of 1972, decided on 30th October 1972.

Constitution of Pakistan (1972),

Art. 206‑Contempt of superior Courts‑Contention that settlement authority showed favoritism to a party by allowing him to file C H form after lapse of 12 years and that such party wrongly represented to Court that he had been in possession of disputed property‑Rights of parties still under inquiry of settlement authority as directed by Court and not yet finally determined‑Petitioner admitting to have challenged settlement authority's order by way of writ petition‑No contempt case, in circumstances, held, made out.

Petitioner in person.

Nemo for Respondents.

Date of hearing : 30th October 1972.

This petition under Article 206 of the Interim Constitution of Pakistan (1972) for initiating contempt proceedings against the Chief Settlement Commissioner, Lahore, and Muhammad Tufail, respondents, is a sequel to a judgment of this Court dated the 6th of March 1970, passed in Civil Appeal No. 26 of 1969, whereby the transfer of the western portion of the bungalow bearing No. SW‑105/R43‑A situated at Rattigan Road, Lahore, which was the subject‑matter of dispute in that appeal, was upheld in favour of the petitioner, as ordered by the Deputy Settlement Commissioner vide his order dated 26th of November 1959. However, it was further directed in the aforesaid judgment of this Court that the cases of Muhammad Tufail and Hamida Begum, who were allegedly claimants in possession of some portion of the property, should also be examined.

The petitioner's grievance is that in compliance with this direction, the Chief Settlement Commissioner has shown favouritism to Muhammad Tufail by allowing him to file a C H form after the lapse of 12 years. He further alleges that Muhammad Tufail, who is not in possession of any portion of the property, had wrongly represented to this Court that he was in possession thereof. The rights of Muhammad Tufail and Hameeda Begum are still being inquired into by the Chie Settlement Commissioner under the direction of this Court, and have not yet been finally determined. The petitioner has admitted in his petition that he has filed a writ petition in the Lahore High Court to challenge the order of the Chief Settlement Commissioner, permitting Muhammad Tufail, respondent, to file a time barred C H form. Without waiting for the result of that petition, he has come to this Court for revocation of the order of the Chief Settlement Commissioner by this Court in contempt proceedings, which action is wholly incomprehensible.

None of the allegations in the petition discloses any cause whatsoever at this stage for starting action in contempt against the respondents. This petition, which is wholly misconceived and premature, is, therefore, dismissed.

Petition dismissed.

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