ABDUL SHAKURUL SALAM, J.---Some land was allotted in the name of Mst. Hashmat Bibi in March 1960. The name of the predecessor-in-interest of the petitioners 3 to 6 Muhammad Akbar from whom petitioner Nos.1 and 2 claim rights was shown written by pencil in the allotment register. On an application of the respondents 2 and 3, the Additional Settlement Commissioner with the powers of the Chief Settlement Commissioner cancelled the allotment from the name of Muhammad Akbar vide order dated 17-11-1976. He filed a civil suit which was dismissed on 14-6- 1980 by the learned Civil Judge, Gujranwala, but on appeal the case was remanded on 13-1-1981 for re-trial. After the re-trial, the learned Civil Judge again dismissed the suit on 10-11-1987. The petitioners in the meanwhile also fled Writ Petition No. 34-R/1984 on 18-1-1984 challenging the order of the Additional Settlement Commissioner dated 17-11-1976. It has been dismissed by a learned Single Judge vide order dated 10-3-1988 on the grounds that the petitioners have already availed the remedy by filing a suit challenging the impugned order and having failed to achieve their object they cannot file a Constitution Petition. He also observed that against the order of cancellation of allotment by the Additional Settlement Commissioner on 17-11-1976, writ petition filed after 8 years suffered from laches and is liable to be dismissed on this ground alone.
Petitioners seek leave to appeal.
2. Learned counsel for the petitioners contended that the allotment in favour of their predecessor- in-interest could not be cancelled as he was a Jammu and Kashmir refugee.
3. Not only the allotment was in pencil but the same has been cancelled by the competent authority on 17-11-1976. Challenge to the order having failed before the Civil Court, the learned Single Judge dismissed the petition on the ground of being incompetent and suffering from laches.
The order of the learned Single Judge is perfectly in order. No interference is called for.
4. The petition is, therefore, dismissed.