1982 PLP 1001 (SCMR)

ABDUL KADIR SHAIKH, J.‑This is a petition for special leave to appeal from the judgment of Lahore High Court dated 28‑1‑1979 by which Writ Petition No. 704‑R of 1971 filed by Mirza Mubarik Ali respondent was allowed and the order of the Settlement Commissioner dated 22‑7‑1971 was declared as illegal and without lawful authority. By that order, learned Settlement Commissioner set aside the earlier order of his predecessor. in‑office dated 24‑7‑1965, and the High Court interfered in' exercise of its constitutional juris diction for the reason that may be stated in the words of the learned Single Judge of the High Court in the judgment to which exception is now being taken. This is what learned Single Judge held :

"The essential facts of the case are that the auction in favour of the respondent No. 3 (petitioner herein) dated 24‑5‑1965 was cancelled by the learned Additional Settlement Commissioner on 13‑7‑1965. The order was upheld on revision by the learned Settlement Commissioner on 24‑7‑1965. This order could not have been set aside by the successor Settlement Commissioner vide the impugned order dated 22‑7‑1971 because the latter had undoubtedly no power of revision on the relevant date and, therefore, his order is totally without jurisdiction. The contentions of the learned counsel for the respondent that the petitioner has no locus standi and his application could not be entertained by the learned Chief Settlement Commissioner are without substance. The petitioner's application for transfer under Settlement Scheme No. VIII is still pending, the petitioner has a right to maintain this petition. The contention regarding misrepresentation in setting aside the auction in favour of the respondent No. 3 by the Additional Settlement Commissioner on 13‑7‑1965 does not arise in relation to the petitioner and the order was passed in the presence of the respondent No. 3 and was upheld on revision by the learned Settlement Commissioner on 24‑7‑1965. This order was not challenged by the respondent No. 3 any further. Therefore, it had become final against him. The impugned order by the Settlement Commissioner dated 22‑7‑1971 is not an order which has irregularly been passed, but it is clearly without jurisdiction. It has sought to confirm the auction which had been cancelled some 6 years earlier, nor, could he do so as he had no jurisdiction to review the order passed by his predecessor on 24‑7‑1965." Mr. Saeed‑ud‑Din, learned counsel for the petitioner submits that since learned Settlement Commissioner held that the property could not be transferred to Mirza Mubarik Ali on the crucial date he was competent to recall the order of his predecessor‑in‑office. This aspect and the other points have already been noticed by the learned Single Judge and these have been rightly rejected by him for, the reason that section 21 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 was repealed by the ordinance II of 1962 on 13‑1‑1962, and the position in law is clear that the learned Settlement Commissioner was devoid of any legal authority to interfere with the revisional order dated 24‑7‑1965 which had become final. The view that prevailed with the learned Single Judge in the High Court is unassailable in law and this petition is therefore dismissed in limine. Petition dismissed.