' This is a petition under Article 9 of the Provisional Constitution Order, 1981 whereby Muhammad Aslam and Muhammad Yusaf petitioners want this Court to declare the order dated 4th March, 1982 of the Assistant Collector II Grade, respondent No, 1 to be without lawful authority and of no legal effect.
2. The facts leading up to this petition in brief are that Manzoor Hussain respondent No, 3 owned land measuring 167 Kanals and 14 Marlas in Mauza Thind Kalan Cholistan Tehsil Leiah, Distriet Muzaffargarh, out of which he sold 84 Kanals through mutation No, 1895 dated 18th October, 1962 to Muhammad Ismail predecessor-in-interest of Shah Muhammad respondent No, 2 and the remaining 84 Kanals was sold to Muhammad Yusuf and others, from whom the petitioners purchased their shares and as such the petitioners and Shah Muhammad stepped in the shoes of Manzoor Hussain respondent No, 3 through mutations Nos. 1295 and 1296 which were sanctioned on 4th March, 1982. As some wrong calculation was found out by the Revenue Authorities, the permission to review the mutations was sought and thereafter, the mutations were decided afresh exercising the powers of review and it was held that Shah Muhammad was entitled to 84 Kanals in Chak No, 364/TDA, entirely within the irrigated boundaries whereas, the petitioners were entitled to 82 Kanals and 14 Marlas out of which only 29 Kanals and 4 Marlas was within the irrigated boundaries. Hence this petition.
3. The petitioners have raised various points in the petition. The learned counsel has, however, frankly admitted that the petitioners without having availed of the remedies against the impugned order available before the higher revenue authorities have straightaway approached this Court through this writ petition. Article 9 of the Provisional Constitution Order, 1981 lays down as under :- "9.-(1) Subject to this Order, a High Court may, if it is satisfied that no other adequate remedy is provided by law :-
(a) on the application of any aggrieved party, make an order
(b) The reading of the Article makes it very much clear that first of all this Court has to be satisfied that no other adequate remedy is provided by law. In the instant case I find that adequate remedy and relief was obtainable by having recourse to the ordinary jurisdiction but without having that recourse the petitioners have straightaway invoked the constitutional jurisdiction. I am afraid in the circumstances of the case, the exercise of writ jurisdiction may not be approved.
' Even otherwise, I am of the opinion that it was within the domain of the respondent No, 1 to review the mutations according to law and it cannot be said that by reviewing the same respondent No, 1 has acted without lawful authority.
' For these reasons I do not find any force in this writ petition and the same is dismissed in limine.