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Writ Petition No. 7607 of 1980, decided on 19th May, 1982.

---Art. 199‑Assistant Commissioner‑Not competent to allot land to Jammu & Kashmir refugees‑Respondent challenging before Assistant Commissioner order of allotment of land in favour of petitioner passed by Deputy Director Refugees, Government of Pakistan and getting stay order‑Proceedings before Assistant Commissioner, held, without jurisdiction and any order passed in such proceedings 'of no legal, effect.

Ch. Muhammad Abdullah for Petitioner.

Syed Dilarvar Hussain for Respondent No. 2.

Date of hearing: 19th May, 1982.

For the land in question forms were submitted by the petitioner as well as respondent No. 2. The Deputy Director Refugees, Government of Pakistan rejected the form of respondent No. 2 .on 24‑1‑1978 but accepted that of the petitioner for confirmation of proprietary rights. The petitioner also deposited Rs. 1,530, for obtaining the proprietary rights. The respondent No. 2 in the meantime moved a miscellaneous application before the Assistant Commissioner praying for the review of mutations and for declaring the respondent No. 9 as owner of half of the property. This petition is pending before the Assistant Commissioner but on separate application for interim relief to the extent that the petitioner tray be restrained froth raising any structure, the Assistant Commissioner has granted the interim relief till the disposal of the main case.

2. The petitioner challenged these orders before the Additional Commis sioner but the appeal was dismissed. The petitioner has now invoked the constitutional jurisdiction of the High Court.

3. It is obvious that the Assistant Commissioner is not the competent authority to make allotment of land to the Jammu & Kashmir refugees. The case of the respondent was rejected by the Deputy Director, Refugees, Government of Pakistan on 24‑1‑1978. It appears that he has not challenged those orders but instead two years later has moved a miscellaneous petition before the Assistant Commissioner for redress of his grievances. The Assistant Commissioner obviously is not competent to grant him the relief prayed for. He is not the competent authority to allot the land to respondent No. 2 or otherwise declare him to be the owner of half .of the property. The proceedings before the Assistant Commissioner, therefore, are without jurisdiction and any orders passed in those proceedings are of no legal effect.

The writ petition is allowed with costs.

M. Y. H. Petition accepted.

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