S.A. NUSRAT, J.--The respondent filed a Constitutional Petition in the Baluchistan High Court Quetta seeking relief that the action of the petitioner dispossessing him from agricultural land in dispute may be declared as without lawful authority and the petitioner directed to hand over possession of the land to him. The ownership of the land was claimed by respondent on the basis of certain registered and unregistered sale-deeds executed between 1965 to 1971 by persons named in the documents and owners thereof. The Constitutional petition was resisted on the ground that the land belonged to Government of Baluchistan and was meant for the establishment of Corps Scouts of Mahsud Scouts. The respondent was said to be the first contingent Commandar of the Forces posted at Khuzdar at the relevant time and was entrusted with the job of procuring lands for that purpose. It was also averred that the possession of the land had all along been within the control of the Scouts. The learned High Court referred to as many at 10 documents produced on behalf of the respondent and two brought on the record on behalf of the Government. An objection was raised before the High Court on behalf of the petitioner with regard to the maintainability of the Constitutional petition on the ground that the matter involved disputed questions of fact. This plea was, however, rejected by the learned High Court.
2. It was contended by the learned counsel for the petitioner that .In the first place a Constitutional petition did not lie under Article 199 of the Constitution and such jurisdiction, in any case could not be invoked in matters requiring determination of factual controversies and detailed inquiry which required recording of evidence.
3. The above contentions need examination. Leave is accordingly granted. The interim order suspending the impugned judgment shall continue.