1987 PLP 464 (MLD)

Art.199--Constitutional petition--Matter concerning disputed question of fact--Interference declined in constitutional jurisdiction. Ali Muhammad Memon for Petitioners. Ahmed Yousuf Ali Rizvi for Respondent No.1. Date of hearing: 12th February, 1987 This petition is directed against the order passed by the Deputy Settlement Commissioner, dated 9-5-1977. The facts forming the background of this petition, briefly stated, are that the property bearing city Survey No.502 situated in Tando Muhammad Khan, Hyderabad was transferred to the mother of the petitioner No.2 vide P.T.D., dated 17-5-1972. The petitioner No.2 inherited this property from her mother who died in 1980. The Petitioner No.1 is the husband of the Petitioner No.2. In 1977 an application was filed by the Respondent No. 1 before the 3rd Respondent for making correction in the P. T. D. issued to him as property bearing City Survey No.546 which had been transferred to him together with City Survey Nos.544, 545 and 547 had accidentally been omitted therefrom. This application was allowed by the 3rd respondent by order, dated 9-5-1977 subject to the condition that no other person should be affected by such correction. ' The petitioners now contend that as a result of this order the latrine of their house admeasuring 4.6 square yards which was situated on the plot bearing City Survey No.546 has now been illegally transferred to the respondent No.1. It has been contended by Mr. Ali Muhammad Memon learned counsel for the petitioners that despite section 2(2) of the Evacuee Property and Displaced Persons Laws. (Repeal) Act, 1975, the 3rd Respondent was not competent to pass such order as there were neither any pending proceedings before him nor the matter had been received on remand as envisaged by the provisions contained therein. Be that as it may, the Petitioner No.1 filed a revision application before the second respondent, namely the Settlement Commissioner Sind, Karachi who dismissed the revision in limine on the ground that the same was time barred. Mr. Ahmad Yousuf Ali Rizvi learned counsel for the respondent No-1 has although very fairly conceded in view of the provisions contained in the aforesaid Act that the orders passed by both the respondents No.2 and 3 are illegal as both the respondents had no jurisdiction to pass such orders but his contention is that City Survey No.546 had not been transferred to the mother of the Petitioner No.

2. As against this contention Mr. Ali Muhammad Memon has failed to satisfactorily establish from the record that the latrine in question was situated on Survey No.546 or that the same had been transferred to the mother of the second Petitioner alongwith the house situated on City Survey No.502. Under such circumstances I agree with Mr. Ahmad Yousuf Ali Rizvi that the petitioners are not even an aggrieved party within the meaning of Article 199 of the Constitution of Pakistan. Consequently, they have no locus standi to file this petition before this Court. Mr. Ali Muhammad Memon has nevertheless argued with great vehemence that the latrine in question situated on Survey No.546 was part of the house which was transferred to the mother of the Petitioner No. 2 but since this factual aspect of the case has not been admitted in the counter-affidavit filed by the, Respondent No.1, I cannot decide this disputed question of fact in this constitutional petition. Since Mr. Ali Muhammad Memon has failed to file any document which can support his contention, I have no other option but to dismiss this petition. The parties are left to bear their own costs. M.Y.H./N-18/K Petition dismissed.