1984 PLP 1232 (MLD)

Ss.10 & 11--Constitution of Pakistan (1973), Art.199--Transfer of evacuee property--Determination of boundaries--Settlement Commissioner ordering Deputy Settlement Commissioner to carry out determination of boundaries of property transferred to petitioner and rights attached thereto--Deputy Settlement Commissioner was yet to carry out determination of boundaries of .such property--Deputy Settlement Commissioner transferring in favour of respondent property adjacent to that of petitioner--Transfer order issued by Deputy Settlement Commissioner likely 4o affect rights of petitioner in property so transferred to him--Held, area falling with boundaries of petitioner's property determined in accordance with order of Settlement Commissioner would be that of petitioner--Any transfer order issued to any person including respondent shall have to give way and could have no effect on rights of petitioner--Order of Settlement Commissioner would prevail as against order of his subordinate/ Deputy Settlement Commissioner. A.R.Shaukat for Petitioner. Nemo for Respondents Nos.1, 3 and

4. Respondent No.2 in person. Dates of hearing: 14th and 15th October, 1984. On Revision Petition No.99 of 1965 of Khan Ahmad Yar Khan, petitioner, the Settlement Commissioner, remanded the case to the Deputy Settlement Commissioner for "fresh determination of boundaries of Ahmad Yar Khan's property and (as to) what has to be done to the surplus area lying therein ". This is, vide order of the Settlement Commissioner, dated 9-11-1966. Notwithstanding the vicissitude of litigation when this order was challenged in the High Court, in the Supreme Court and then on review, it has held the field throughout. Respondent No.2 who had been transferred property No.32, Empress Road, Lahore, an adjacent property, and was a party in the litigation has been issued Transfer Order by the Deputy Settlement Commissioner. It is complained in this writ petition that the Transfer Order issued in favour of the respondent No.2 tends to or is likely to affect the rights of the petitioner in the property transferred to him and for the determination of the boundaries whereof the matter has been remanded to the Deputy Settlement Commissioner.

2. It is admitted position that the Deputy Settlement Commissioner has not yet determined the boundaries of the property transferred to the petitioner and rights attached thereto in pursuance of the order of the Settlement Commissioner, dated 9-11-1966. The Deputy Settlement Commissioner has to carry out the order of his superior, the Settlement Commissioner. Any area falling with the boundaries of the petitioner's property, determined in accordance with the order of the Settlement Commissioner, shall obviously be of the petitioner and any Transfer Order issued to any person, including the respondent No.2, shall have to give way and will be of no effect on the rights of the petitioners. The order of the Settlement Commissioner, dated 9-11-1966 has to prevail as against the order of his subordinate, the Deputy Settlement Commissioner in issuance of Transfer Order contrary to the above. This has been dictated in the presence of the petitioner and his learned counsel and the contesting respondent No.2. The writ petition is accordingly allowed without any order as to costs. M.Y.H. Petition allowed.