' This order will dispose of Constitutional Petitions Nos.79-R/81 and 114-R/81. First writ petition has been filed against a notice dated 15-1-1981 against Sana Ullah one of the vendees of the property in dispute while in the other writ petition it is prayed that Mukhbari application has been filed in respect of the disputed land in 1969 and direction be issued for its disposal in accordance with law.
2. Facts relevant for the disposal of these writ petitions are that one Ameera son of Dhang Singh was allotted land against his claim Form No,27781 and petitioners in W.V. No,79-R of 1981 claim to be the vendees purchasers including Sana Ullah.
3. It emerges from the record that Mukhbari application was filed in respect of the disputed land and after recording the statement of Munshi Muhammad Ramzan Patwari, Central Record Room on 14-12-1972, the Additional Settlement Commissioner with powers of Chief Settlement Commissioner rejected the same on 22-3-1973. This order was passed after recording the statement of other Patwaris such as Muhammad Yaqoob and Nazar Mohyuddin. Thereafter, another Mukhbari application in respect of the same land was filed by one Muhammad ljaz Khan which too was rejected on 27-4-1976 by the Assistant Commissioner on the ground that the matter had already been enquired into in Case No,534-A State v. Ameera son of Dhang Singh. Evidently, this officer is referring to an order already passed by Additional Settlement Commissioner/Chief Settlement Commissioner on 22-3-1973.
4. It is contended by the learned counsel in W.P. No,114-R of 1981 that though the issue regarding the cancellation of disputed land has been settled but the Mukhbars there were different and now it is petitioner No,1 Muzaffar Ahmad who wants an enquiry in respect of the disputed land. Similarly in other Writ Petition No,79-R of 1981 notice dated 15-1-1981 had' been issued for holding an enquiry which according to the learned counsel for Sana Ullah and other vendees has already been decided in favour of the original allottee. It is emphasized that the matter had been enquired into twice and on the basis of evidence it was held that the disputed land was rightly allotted in the name of the allottee, therefore, the Settlement Authority was not competent to reopen the allotment for the third time under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958. Reliance is placed on Ghulam Rasool and others v. Settlement Commissioner (Land) and others 1982 CLC 166 and Muhammad Yaqoob and others v. Nazar Khan and others 1983 SCM R 1252 where it is held that the Settlement Commissioner found not only that the allotment was valid but also that the application under section 11 of the Displaced Persons (Land Settlement) Act before him was not maintainable.
5. I have heard the learned counsel for the petitioners and am of the iew that there is no legal justification to reopen the case for the third time. The original allottee has already sold the land in favour of the petitioners.
6. It may be stated at this stage that originally W.P. No,114-R of 1981 was filed by three persons namely Muzaffar Ahmad, Bashir Ahmad and Muhammad Aslam, but the latter two petitioners withdrew from the writ petition leaving Muzaffar Ahmad in the field who has died and his legal heirs are already brought on record.
' For aforesaid reasons W.P. No,79-R of 1981 is accepted and while W.P. No,114-R of 1981 is dismissed but without any order as to costs.