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Civil Petition for Special Leave to Appeal No. 419 of 1975, decided on 25th November, 1980.

(On appeal from order of Lahore High Court, dated 28th May, 1979 in Writ Petition No. 2823 of 1979).' '

--R. 4(5)--Jurisdiction--Case pending before Assistant Collector Grade I-Held, automatically stood transferred to file of Assistant Commissioner/Collector on expiry of 60 days and Assistant Collector devoid of jurisdiction to deal with case.-[Jurisdiction].

M. Ahmed Hasan Khan, Advocate Supreme Court assisted by Mahmood A. Qureshi, Advocate-on-Record for Petitioners.

Abid Nawaz, Advocate-on-Record for Respondent No. 2.

Pate of hearing : 25th November, 1980.

-This is a petition for special leave to appeal from the judgment of Lahore High Court dated 28-5-1979 dismissing Writ Petition No. 2823 of 1975 filed by the petitioners. By the Writ Petition, the petitioners sought to challenge the order of the Additional Commissioner (Revenue), Sargodha dated 22-5-1979 whereby he allowed revision application of the respondents Nos. 2 to 5 and directed the Assistant Commissioner/Collector to decide the ejectment suit between the parties, afresh, according to law.

The High Court noticed the fact that Assistant Collector Grade 1 Sargodha had decided the case before him after the maximum period o 60 days prescribed in this behalf, and according to rule 4 (5) of the Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977 the case, on the expiry of 60 days stood automatically transferred to the file of the Assistant Commissioner/Collector and consequently, the order of the Assistant, Collector be, without jurisdiction, the case is deemed to be pending before Assistant's Commissioner and this was indeed the effect of the order impugned before the High Court.

The legal position pointed out by the High Court that must prevail o the facts of this case is unassailable; the learned counsel for the petitioners to the contrary pointed indeed nothing out to us.

There is, therefore, no merit in this petition and it is dismissed in limine,

Petition dismissed.

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