CH. NAEEM MASOOD, J.---Tersely the facts of the case as given in the writ petition, are that the petitioner purchased the plot in dispute on 15-1-1968 through auction, which was confirmed on 2- 2-1968, through auction and PTD was issued in favour of the petitioner on 31-12-1968. That the petitioner, after 35 years, approached respondent No,1 for entering mutation and as respondent No,1 had failed to do his duty, therefore, directions have been sought to be issued to him for entering the mutation in consequence of the PTD issued in favour of the petitioner.
2. A report was called for from the respondents, which has been submitted, operative part of which reads as under:-- "After the exchange of State land with that of land owned by the Central Government on 3-1-1958 the land for which the petitioner wants a mutation in his name in the Revenue Record was also given to Provincial Government and the Settlement Department was not authorized to issue any document of title whatsoever, after the exchange date i.e, 3-1-1958. Now the Provincial Government in Colonies Department Board of Revenue, Punjab, Lahore has the power to deal with the matters of State land.
'The petitioner has already availed the remedy from the Civil Court at Faisalabad with regard to the same matter in issue by instituting the civil suit and withdrawing the same on 18-7-2007. Since the petitioner has availed and exhausted a remedy from the Civil Court, he cannot avail the same from the different forum. The writ petition merits dismissal.
'The answering respondent is not empowered under Settlement laws to resolve the issues of such nature while the Member, Judicial-III, Board of Revenue, Punjab, Lahore has the powers to deal with the matters under Settlement laws."
3. Arguments advanced by learned counsel for the petitioner as well as learned Assistant Advocate-General, have been heard. Relevant record perused.
4. The writ petition is not tenable for the following reasons:--
(i) It totally suffers from laches i.e, a dead matter of 1968 is prayed to be made alive after 35 years.
(ii) The petitioner had already approached the Civil Court for the redressal of his grievance, and the civil suit filed by him was withdrawn, therefore, he is debarred from filing the present writ petition.
(iii) The exchange of land on 3-11-1958, in thousands of acres, had since vested in the Province of Punjab, the said land was transferred to the Provincial Goverment with the approval of the Central Government and it had gone out of Compensation Pool and was not available for allotment. When the said land was not part of the compensation pool and it ceased to be an evacuee land, the Settlement Authorities had no powers to deal with it, therefore the auction of the Settlement Authorities, if any, cannot be valid, legal and within the jurisdiction. The land when ceased to be evacuee property, even if dealt with by the Settlement Authorities, was of no legal consequence.
5. In sequel therefore, the instant writ petition has not merit, which is accordingly dismissed.