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Writ Petition No. 510/R of 1973, heard on 28th January, 1985.

---Art. 199--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11--Petitioners getting land to extent of their entitlement in estate of their choice--Petitioners, held, had no right to question order of transfer in circumstances. Abdul Aziz for Petitioner. Muhammad Akram Khokhar for Respondents Nos. 2 to 4. Tariq Mahmood for Respondents Nos. 5 to 7. Date of hearing: 28th January, 1985.

On the Claim Form No. 119429 of Mst. Shehzadi widow of Shad verified for 1043 P.I. Units, land was allotted in Chak No. 10/U.C.0 Tehsil Ferozewala, District Sheikhupura and on the death of mat: Shehzadi, mutation was sanctioned in favour of her three daughters Zainab Bibi, Hafizan and Niazan. In lieu of the same claim, land was also allotted in village Qaimpur, Tehsil Hasilpur, District Bahawalpur, in the name of Mst. Shehzadi widow of Shadi and vide Mutation No. 41 her inheritance was sanctioned in the name of Faizi and Niazi, daughters of Mst. Shehzadi and Qudrat Ali etc. collaterals. In proceedings under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, Settlement Commissioner (Land/Chief Settlement Commissioner, vide order, dated 31-1-1984 held that the daughters of Mst. Shehzadi "were entitled to 2/3 share whereas they have taken the whole share of their mother". He, therefore, directed that they shall retain the allotment to the extent of 2/3rd and 1/3rd shall be cancelled from their name from Khewat No. 21 of village 10/U.C.C. Tehsil Ferozewala. The remaining 1/3rd share was allowed to stand in village Qaimpur, Tehsil Hasilpur, District Bahawalpur in favour of the petitioner as collaterals of Mst. Shehzadi and ordered cancellation of the 2/3rd area from Khata No. 173 of the aforesaid estate. This order is challenged by the petitioners through this Constitutional petition. 2. Learned counsel for the petitioners has contended that the allotment in village Qairnpur, Tehsil Hasilpur, District Bahawalpur was earlier in time than the one in Chak No. 10/U.C.C. Tehsil Ferozewala, District Sheikhupura and, therefore, the former should have been allowed to remain intact in its entirety and the allotment from Chak No. 10/U.C.C. should have been cancelled as the Mukhbari application did not relate to the allotment in village Qaimpur. 3. As far as the petitioners are concerned, they were admittedly entitled to the estate of Mst. Shehzadi to the extent of 1/3rd. They have been left with the land allotted in village Qaimpur, Tehsil Hasilpur, District Bahawalpur. If the 2/3rd of the area has been cancelled from this estate and instead the daughters of the deceased Mst. Shehzadi have been allowed to have 2/3rd of their inheritance in Chak No. 10/U.C.C. Tehsil Ferozewala, District Sheikhupura, the petitioners can have no complaint. The allotment allowed to stand in the, name of the daughters of Mst. Shehzadi in Chak No. 10/U.C.C. vide the impugned order, apparently is acceptable to them as they have not challenged the said order. In view of the fact that the petitioners have got the land to the extent of their entitlement in the estate of their choice under the impugned order, they have no right to question the same. 4. In view of what has been stated above, this petition is dismissed but, in the circumstances, the parties are left to bear their own costs. H.B.T. Petition dismissed.