' MUNIR AHMED CHAUDHRY, J. --- The present petitioner firstly filed an appeal which was later on converted into a revision petition by order of the apex Court. The revision petition has been filed against the order passed by District Judge, Mirpur dated 23.02.2010, through which a suit titled as "Public-at-Large v. Mazhar Hussain & others" was transferred from the Court of Civil Judge, Dadyal to the Court of Civil Judge, Mirpur for hearing and disposal.
2. Brief facts giving rise to the instant revision petition are that Mr. Mumtaz Hussain son of Dorab Khan filed a suit for declaration on behalf of General Public in the Court of Civil Judge, Dadyal.
During pendency of the suit, the present respondents submitted an application for transfer of the said suit before District Judge, Mirpur from the Court of Civil Judge, Dadyal to any Court of competent jurisdiction at Mirpur. It was stated in the application that Ch. Mumtaz Hussain is performing his functions as Additional Public Prosecutor at Dadyal and wants to snatch the land from the applicants/respondents due to his present position. All the Advocates working at Dadyal have refused to plead the case of respondents. The respondents engaged Raja Ali Zaman, Advocate as their counsel and paid him Rs, 15000/- as fee but the said Advocate returned the said fee and refused to plead the case of respondents. The learned Civil Judge, Dadyal behaves and proceeds with the case partially and under influence of the said Additional Public Prosecutor. It was prayed to transfer the said suit to any Civil Court of competent jurisdiction at Mirpur.
3. The present petitioner submitted objections and denied the contents of the application, After hearing the parties, the learned District Judge, Mirpur transferred the said suit from the Court of Civil Judge, Dadyal to the Court to Civil Judge, Mirpur. Hence, the present revision petition.
4. Arguments were advanced by the learned counsel for the parties. Ch. Muhammad Anwar, Advocate, the learned counsel for the petitioner argued that the petitioner Mumtaz Hussain is an Advocate working at Dadyal who has been removed from the post of Additional Public Prosecutor.
The Civil Judge time has also been transferred. The learned counsel for the respondents Mr. Bostan Chaudhary has set-up his office of advocacy at Dadyal as Well and the learned counsel is pleading other cases on behalf of the respondents at Dadyal. The learned counsel has also been pleading the present suit at Dadyal being an attorney of respondents as well. Raja Ali Zaman, Advocate has submitted his affidavit in which he stated that he was never engaged as an Advocate by the respondents and did not receive any fee from them. He also stated that he did not refuse to plead the said suit or, behalf of the respondents. The learned counsel requested that the order under revision be set aside and to transfer the suit to Civil Judge, Dadyal to meet the ends of justice. While controverting the learned counsel for the petitioner, Mr Bostan Chaudhary the learned counsel for the respondents contended that in the present situation only District Judge, Mirpur is competent to pass any order regarding the said suit. It was enjoined upon the petitioner to approach the learned District Judge. Mirpur for the remedy he has claimed from this Court. The impugned order is not revisable and no revision lies against such administrative order. The.Learned counsel requested to dismiss the revision petition and referred the following precedents in support of his arguments.
PLJ 2009 SC (AJ&K) 53 PLD 2011 Quetta 26 PLJ 2012 SC 520 & 540 2012 SCMR 1373 2013 CLC 106
5. After hearing the arguments advanced by the learned counsel for the parties, I have gone through the record and the precedents referred minutely. The record reveals that both the parties reside at Dadyal and the disputed land is also situated within the jurisdiction of Civil Judge, Dadyal.
The Courts have been established at Dadyal and other Sub-Divisions of AJ&K to facilitate the General Public and for protection of their rights. The respondents have alleged that the petitioner Mr. Mumtaz Hussain is misusing his position as Additional Public Prosecutor and no Advocate at Dadyal is willing to plead the suit on behalf. Of the respondents. It has also been alleged that the learned Civil Judge, Dadyal behaves and proceeds with the case partially and under influence of the said Additional Public Prosecutor. The facts regarding the above-mentioned allegations do not exist now. It is an admitted fact that the petitioner Mumtaz Hussain has been removed from the post of Additional Public Prosecutor and a new Additional Public Prosecutor is working in his place.
The Civil Judge time has also been transferred from Dadyal. The learned counsel for the respondents is attorney of the respondents and he has established his office of advocacy at Dadyal as well. Raja Ali Zaman, Advocate has submitted an affidavit and stated that neither respondents contacted him to engage him as their counsel nor he received any fee from them.
' Having in view the above-mentioned circumstances, it is clear that circumstances do not exist at the moment which were in existence at the time of passing the impugned order. The present petitioner filed an appeal against the impugned order before this Court, which was dismissed by the Judge of this Court. The present petitioner filed a petition for leave to appeal before the apex Court from where it was held that a revision lies against the impugned order. The judgment of the learned Judge of this Court was set aside and matter was remanded with the direction to convert the appeal into a revision petition and to decide afresh after hearing the parties. Meaning thereby that revision lies against the impugned order. The circumstances prevailing at the moment demand that the suit between the parties should be heard at Dadyal to meet the ends of justice.
So, the order passed by the learned District Judge, Mirpur dated 23.02.2010 is hereby set aside and the suit titled Public-atLarge v. Mazhar Hussain & others is hereby transferred from the Court of Civil Judge, Mirpur to the Court of Civil Judge, Dadyal. The parties are directed to appear before Civil Judge, Dadyal on 02.10.2013. A copy of this judgment shall be sent to Civil Judge, Mirpur who shall transmit the said file forthwith to Civil Judge, Dadyal. The instant revision petition is accepted accordingly. No order as to the costs. Revision .