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---S. 10--Constitution of Pakistan (1973), Art. 199 Constitutional jurisdiction Order without lawful authority Land allotted to petitioner--Subsequently cancelled and allotted to one 'F'--Revision of petitioner accepted and allotment of land restored to him- Once again disputed land allotted to another person 'S'--Land in dispute, held. could not be allotted to 'S' as it already stood validly allotted to petitioner--No officer of competent jurisdiction could legally allot such land to respondent--Impugned order of allotment in favour of respondent 'S' passed by Additional Settlement Commissioner was, therefore, declared to have been passed without lawful authority having no legal effect.

Munir Ahmad for Petitioner.

Nemo for Respondents.

Date of hearing: 11th November, 1985.

The constitution petition filed by Abdul Ghani petitioner was directed against the order dated 23-2-1972 of the learned Additional Settlement and Rehabilitation Commissioner and the order dated 23-5-1975 of the learned Settlement Commissioner. Abdul Ghani petitioner was allotted land comprising Khasra Nos. 2766, 2767, 2768 and 2774 alongwith other Khasra numbers on 16-5-1959. One Faiz Ali in some proceedings got the entire land allotted to the petitioner cancelled and the land was, allotted in his name vide order dated 23-1-1970. Abdul Ghani petitioner challenged this order in revision which was accepted vide order dated 10 7-1970 and the entire Khata including aforesaid Khasra numbers were restored in the name of the petitioner. On 26-11-1971 a miscellaneous; application was filed by one Siraj Din against the petitioner in the. Court of Additional Deputy Commissioner (Cons.)/Additional Settlement) and Rehabilitation Commissioner, Gujrat, for allotting land in lieu of the land allotted to him earlier which was found to be urban building site and as such was not available allotment against rural units In this application the petitioner was proceeded ex parte and the aforementioned 4 Khasra numbers and some other land which is not) subject-matter of this petition were allotted to Siraj Din respondent ink lieu of the urban building site earlier erroneously allotted to him. Abdul Ghani petitioner on gaining knowledge of this order challenged the same by filing revision petition but the same was dismissed as incompetent as by then the law i.e. The Displaced Persons (Land Settlement) Act had been repealed. The main order of which the petitioner was aggrieved is order dated 23-2-1972 passed by S. Altaf Hussain Shah, Additional Deputy Commissioner (Cons.) /Additional Settlement and Rehabilitation Commissioner whereby the aforementioned Khasra numbers were allotted to Siraj Din respondent in view of the order passed the same day in the appeals. This judicial order is available on the record of W.P. No. 338/11 of 1973. By this order 8 appeals were disposed of. Abdul Ghani petitioner was not a party to any of these appeals filed by the parties mentioned therein against Siraj Din respondent and others. In this order it was held that Siraj Din, Sultan and Faiz Ali Khan the parties to these appeals were allotted the land correctly as there was no other claimant in the village which could be given priority over them. This judicial order at best decided the entitlement of Siraj Din respondent and of others to obtain the allotments challenged therein. The land in dispute was not subject-matter of these appeals. Obviously, in pursuant to the order passed in appeal available land could be allotted to Siraj Din respondent. The land in dispute could not be allotted to Siraj Din respondent as it stood already validly allotted to the petitioner as is apparent from the order, dated 10-7-1970 passed in revision by the then at Settlement Commissioner. An officer of the competent jurisdiction could not legally allot the same land to the respondent. In fact the impugned order of allotment was made on the report of the Patwari who had not disclosed in the report the earlier order passed in revision by the then. Settlement Commissioner in favour of the petitioner. It is, therefore obvious that the allotment of these Khasra numbers to the respondent was without lawful authority. The order dated 23-2-1972 of the learned Additional Settlement and Rehabilitation Commissioner is, therefore, declared to have been passed without lawful authority and has no legal effect qua Abdul Ghani petitioner. The petition, therefore, succeeds. As none has appeared to contest this appeal, there will be no order as to cost.

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