C.M.A. No,2794 of 2009.
CH. MUHAMMAD TARIQ, J. For the reasons stated in the application, C.M. is allowed and writ petition is restored to its original number.
MAIN CASE
2. Learned counsel for the petitioner contends that on 14-1-2005 respondents Nos. 3 to 9 forcibly took over the possession of land of the petitioner which is neither part of any consolidation process nor the petitioner was made party in appeal filed with the Consolidation Officer. Thereafter the Executive District Officer illegally handed over the land belonging to the petitioner to respondents Nos.6 to 9 in connivance with respondents Nos.3 to 5 therefore, writ petition be accepted, and the impugned Dakhal dated 14-1-2005 which was prepared without knowledge of petitioner be declared null and void and the possession of land illegally taken from the petitioner be restored. In support of his contention, learned counsel for the petitioner has relied on 2000 MLD 732 and 2001 CLC 1673.
3. The case was repeatedly called and despite notice respondents have not entered their appearance, hence they are proceeded against ex parte.
4. Arguments heard. Record perused.
5. The petitioner has challenged the order dated 14-1-2005 passed by the Executive District Officer (Revenue) Sargodha and has prayed that possession of suit-land be restored to him.
6. The impugned order, dated 14-1-2005 was passed by Executive District Officer (Revenue)
Sargodha which was further appealable before the Member, Board of Revenue, Punjab, Lahore but the petitioner has not adopted the remedy provided to him under the law and instead approached this Court in its constitutional jurisdiction. The record reveals that a number of disputed questions are involved between the parties including the question of restoration of possession which could not be agitated in the constitutional jurisdiction of this Court nor the matter of possession could be decided particularly when the petitioner gave up his available alternate remedy. Resultantly, this writ petition is dismissed being devoid of merit.