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S. 24‑‑Transfer of case‑ Validi‑y of order passed after‑Subse quent tea transfer ref inquiry of matter by Chief Settlement Commissioner, Additional Settlement Commissioner directing Superinten dent Police to register case against vendees, of land--Held‑Addi tional Settlement Commissioner had no right to pass such order u after transfer of case‑Constitution of Pakistan (1962), Art. 98.

Ch. Qadir Bakhsh for Petitioner.

Sh. Riaz Ahmad, A. O. with Altaf Muhammad Khan, Sardar Nazar Muhammad Dogar, Ch. Muhammad Nazir Ahmad and Kh. Altaf Ahmad for Respondents.

Dates of hearing: 22nd, 30th November, 1981;10^th April; 6th, 22nd, 27th, 29th, ,30th November; 14th to 14th and 18th December, 1982.

ABDUL SHAKURUL SALAM, J.‑.‑Petitioners claim to be venders from one Ghulam Whatnmad son of boom of some land in village Chap .halt; District Jhang.

2: The Additional Settlement Commissioner (Land). Jhaag was enquir ing into the matter and the aforesaid Ghulam Muhammad appeared before him and made a statement that he had never got his claim form transferred from Lahore to Jhang and did not, get any allotment in Chart Noor Shah Jhang, nor he had executed any deed in favour of the petitioners. While the case was pending the petitioners applied to the Chief Settlement Commissioner for transfer of the case which was ordered on 21st October, 1972. Nonetheless on 25th October, 1972 the Additional Settlement Commissioner directed Superintendent of Police, Jhang to register a case against the petitioners and case was accordingly registered under sections 419, 420, 468, P. P. C;. This petition challenges the order of the Additional Settlement Commissioner gated 25th October, 1972 for registration of a case

3. The contention is that when the main case pending before the Additional Settlement Commissioner has been ordered to be transfered by the Chief Settlement Commissioner, he had no right to direct registration of a case.

4. Since the case has been transferred away from the Additional Settlement Commissioner by the Chief Settlement Commissioner on 21st October, 1972. the former had no right to pass the impugned order on 25th October, 1972. His order is quashed and the matter shall be re‑decided by the Court to which case has been transferred by the Chief Settlement Commissioner and now the nominated officer by the Member, Board of Revenue under the repealed Act of XIV of 1975. It is so directed. The petition is allowed with costs.

M.Y.M. Petition allowed.

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