' ASIF SAEED KHAN KHOSA, J.---Through this writ petition the petitioners have called in question the judgment dated 2-11-2002 passed by the learned Additional Sessions Judge, Mianwali as well as the order, dated 26-1-2002 passed by the learned Special Judicial Magistrate, Mianwali whereby Superdari of a vehicle, subject-matter of a criminal case, had been given to respondent No,1 and a revision petition filed thereagainst had been dismissed. It has straightaway been observed by me that the petitioners had never applied for Superdari of the relevant vehicle and, thus, even if the petitioners succeed in getting the impugned order/judgment set aside by this Court they still may not obtain Superdari of IA that vehicle ipso facto. Faced with this situation the learned Assistant Advocate-General appearing for the petitioners has stated that the petitioners would like to apply before the learned Magistrate concerned seeking Superdari of the relevant vehicle after cancellation of Superdari already granted in favour of respondent No,
1. The petitioners may adopt the said course, if so advised. It may be clarified that it has already been held by this Court in the case of Muhammad Arshad v. Liaqat Ali and another 2000 YLR 3040 that a fresh order of Superdari can be passed by a Magistrate if an earlier order regarding the same is found by him to be based upon B incorrect facts or unjust in the circumstances of the case. It is, therefore, expected that if the petitioners approach the learned Magistrate concerned in this regard then the learned Magistrate shall consider the submissions to be made and material to be produced by the petitioners before him C and he shall, then take an appropriate decision in that regard as found by him to be warranted in the circumstances. With these observations this writ petition is hereby disposed of.
There shall be no order as to costs.