1. JUDGMENT.
2. SALAHUDDIN AHMED, J.-This petition arises out of a transac--petition of sale whereby certain lands measuring 534 acres and odd were purchased by the petitioners on the 17th of June 1950, at the rate of Rs. 240 per acre. The petitioners had deposited 1/4 of the price of land in advance leaving a balance of Rs. 96,239 which was agreed to be paid in eight equal half-yearly instalments.
3. As the petitioners failed to deposit the instalments as agreed upon, the land was resumed on the 17th of May 1955. The petitioners approached the Commissioner, Babawalpur to restore the land and to increase the number of instalments for payment of the balance amount. Eventually orders were passed by the Governor of West Pakistan on the 18th November 1958, ordering restoration of the land to the petitioners subject to certain conditions including penal interest at the rate of 9 per cent. And interest at the rate of 4 per cent. On the unpaid balance within certain time. The petitioners instead of depositing the dues, as ordered, filed an application before the Member, Board of Revenue disputing the conditions imposed on them. The application was rejected and the petitioners were informed about it. The petitioners again filed an application asking for extension of the period for payment of balance of the purchase money but this application too was rejected by the Board of Revenue on the 19th August 1965. Thereafter the petitioners approached the Board of Revenue several times again but all their requests were turned down and the land was ordered to be resumed and the petitioners were ordered to be ejected. Against this resumption order and their ejectment from the land the petitioners filed an appeal in the Court of the Commissioner, Bahawalpur who dismissed their appeal on the 10th September 1966. On the petitioners' appealth before the Member, Board of Revenue, the matter was remanded to the Commissioner. The Commissioner, by his order dated 19-8-1967, directed that the total dues as stipulated by the Governor's order dated 18-11-1958, should be worked out and the petitioners be asked to pay the same in eight six-monthly instalments, the first one to be paid immediately. He further ordered that the petitioners should be given possession after they had paid the first instalment. In the meanwhile Martial Law Regulation No. 64 was passed whereby it was required that the Khatas between the petitioners be split up and they were accordingly split up. As petitioners Nos. 1 and 5 had defaulted in depositing their instalments, notices under section 24 of the Colonization of the Government Lands Act were issued to them by the Collector. The said petitioners failed to pay the outstanding arrears against them and the land was ordered to be resumed. The petitioners then approached the High Court on a writ petition and the petition was dismissed in limine on the ground that the order of the Governor of West Pakistan dated 18-I 1-1958 was not a valid order in the eye of law. The High Court held that it was not possible to challenge this order in the High Court after 12 years of its passing. The Court further held that the last judicial order dated the 19th August 1967, which had been based on the said order of the Governor was also not challenged by any further judicial proceedings. The High Court, therefore, did not find any good ground for interference with the impugned notice of resumption.
4. We are unable to find any fault with the High Court order. The petition is accordingly dismissed.