' KAZIM ALI MALIK, J.-Plot No,98-B Gulgasht Colony, Multan was allotted to Muhammad Rafique son of Muhammad Sharif by Housing Department, respondent herein, under Satellite Town Scheme No, II, Multan, from whom Muhammad Rafih son of Muhammad Zaki acquired allotment/possessory rights of the plot. First transfer in favour of aforementioned Muhammad Rafih was given effect to in the record of respondent/Housing Department as under the scheme the plot was transferable.
Muhammad Rafih, transferee further transferred his rights in the plot to Mst. Ahmad Jan alias Ahmad Yasmin, mother of the petitioner, herein, by means of a registered deed, dated 23-1-1974.
The second transfer in her name could not be incorporated in the record of housing department.
During her life time Mst. Ahmad Jan gifted her possessory rights in the plot in favour of her son Manzoor Ahmad Paracha, petitioner. According to the available record a dispute arose between Mst. Ahmad Jan, second transferee and her son Manzoor Ahmad Paracha touching the plot in question, which was resolved through arbitration. They made over the controversy of Hibba to a sole arbitrator, who gave his award in favour of Manzoor Ahmad Paracha, petitioner, to the effect that he acquired interest and rights in the plot by way of gift from her mother. The petitioner, herein, made an application before Civil Court at Multan praying for making the award rule of Court, which was allowed. It would not be out of place to mention here that during the pendency of arbitration proceeding before the Civil Court, Mst. Ahmad Jan, second transferee died and was substituted by her legal heirs i.e, sisters and brothers of Manzoor Ahmad Paracha, who also admitted his claim over the plot and in this way the dispute of gift stood resolved amicably once for all.
2. Manzoor Ahmad Paracha, petitioner, filed Writ Petition No,492 of 2007 against Housing Department under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for issuance of a direction to functionaries of Housing and Physical Planning Department, Multan for implementation of judgment and decree of Civil Court dated 14-3-1998 by means of which possessory/allotment rights of the plot had been obtained by him from his mother. It was alleged in the writ petition that the Housing Department did not entertain his request for transfer of plot.
That writ petition came up for hearing on 29-3-2007 and was disposed of with an observation that Manzoor Ahmad Paracha, petitioner, may approach the respondent/ Department with a fresh application lime lighting his grievance and if such an application is filed the respondents will pass appropriate order thereon in accordance with law within a period of one month.
3. Manzoor Ahmad Paracha, petitioner, has filed contempt petition under penal provisions of Contempt of Court Act read with Article 204 of the Constitution of Islamic Republic of Pakistan, 1973 against Director Housing and Physical Planning, Multan with an allegation that he failed to comply with the earlier order of this Court. The respondents appeared and contested the allegation with the plea that the petitioner was required to provide his affidavit in support of his assertion that he acquired interest in the plot and a copy of civil Court decree in his favour and against the Housing Department.
4. To a question the learned Law Officer after consulting the respondents has contended that the above said objections were raised in the light of Standing Instructions by the Secretary Housing and Physical Planning Government of Punjab, Lahore.
5. Here I would say without fear of contradiction that the above said objections had been made by the respondents mechanically without application of mind and without taking into consideration the admitted state of record. The petitioner filed his affidavit in support of his request. However, he was not required to re-agitate his case and cause before the civil Court because his possessory/allotment rights in the plot had already been recognized by the civil Court by means of a decree, referred to above. Till date the original allottee, first transferee or any one else amongst the legal heirs of Mst. Ahmad Jan have not come forward to deny and contest the claim of the petitioner. The civil Court decree favourable to the petitioner still holds field. The Housing and Physical Planning Department was neither necessary nor proper party to the dispute between the second transferee and her son as the Civil Court seized of that controversy did not pass any order adverse to the interest of the department. It was a bona fide dispute between the transferee and his son and they got it resolved and the officers of the respondent/Department unnecessarily compelled and forced the petitioner by adopting delaying tactics to start another round of litigation.
6. With this observation I dispose of this petition with a direction to the respondents to give effect to the civil Court decree touching the said plot in the record within seven days.
7. Before parting with this order it is made clear that in case any claimant, not party to the petition, comes forward claiming any interest in the disputed plot this order would not stand in his way to avail of any remedy in accordance with law.