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Civil Petition for Special Leave to Appeal No. 903 of 1975, decided on 11th February, 1981.

(On appeal from the judgment and order of the Lahore High Court, dated 23rd July, 1975, in W. P. 736-R of 1975).

--- Art. 199-Writ jurisdiction-Settlement and Rehabilitation Authorities having right to declare a piece of land as a plot and not agricultural land, order passed in such regard being not without jurisdiction, held, cannot be said to be without lawful authority so as to be open to challenge in writ jurisdiction of High Court. [Jurisdiction[.

Tanvir Ahmed, Advocate-on-Record for Petitioners.

Nemo for Respondents.

Date of hearing : 11th February, 1981.

-The petitioners desired transfer of g small area bearing Khasra No. 701 as an agricultural land but having failed at the departmental levels he filed a constitutional petition being W.P. 736 -/75 but without any success as the same was dismissed by the High Court, vide its order dated 23rd July, 1975. He has now come up in a petition for special leave to appeal against the same to this Court.

2. The only point argued was that nature of the land comprised in the aforesaid khasra number was agricultural whereas the Settlement and Rehabilitation Authorities have declared and treated it as a building site. It is well settled that the aforesaid authorities had the jurisdiction to give such a declaration or decision. If this is so, then their order on the subject could not be held to be without lawful authority and the order of the High Court to interfere with the same in the circumstances cannot be called to be erroneous in any manner.

3. The result is that this petition has no merit and is dismissed hereby.

Petition dismissed.

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