MALIK MUHAMMAD QAYYUM, J.- The dispute in this petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973 relates to land measuring 102 kanals and I6 marlas situate in village Partanwali, Tehsil and District Sialkot which was allotted to the petitioner for maintenance as Jammu and Kashmir refugee. Later on however that on 2.3.1960 the land in question was transferred under the Rehabilitation and Settlement Scheme to the predecessor of respondents No.2 to 8. In this petition the petitioner has challenged this order of transfer.
2. Ch. Muhammad Abdullah, Advocate for the petitioner has argued that as the temporary allotment in favour of the petitioner has never been cancelled subsequent transfer of land to the predecessor of respondents No.2 to 8 was absolutely without jurisdiction. In this respect he was relied upon Lai Khan Vs. The Deputy Commissioner/Settlement Commissioner and others (1984 PSC 1103). The other argument of the Learned counsel is that as the land had been allotted to a Jammu and Kashmir refugees it stood sold to the Ministry of Kashmir Affairs and could not have been subsequently transferred in lieu of entitlement under the Settlement and Rehabilitation Scheme.
Reliance in this regard has been placed on Ghulam Muhammad Vs. Ahmad Khan and another (PLJ 1991 SC 154) and Muhammad Din and others Vs. Allah Lok and others (1989 SCM R 323).
3. On behalf of the respondents, it has not been disputed that the land was originally allotted for the purposes of maintenance to the petitioner as Jammu and Kashmir refugee. It has however been asserted that the aforesaid allotment was cancelled on 1.3.1960 whereafter it was allotted to the predecessor of respondents No.2 to 8 about 30 years prior to the filing of the filing of the present petition which according to Learned counsel for the respondents suffers from laches and acquiescence and the respondents are deemed to have abandoned their rights in the property.
4. There is considerable force in this objection. In the petition itself it is stated that the land in question was transferred to the predecessor of respondents No.2 to 8 somewhere in the year 1960.
However this transfer was not objected to or challanged by the petitioner till they filed this petition after about 30 years in the year-1990. According to the petitioner himself he remained present in the village at least till 1975 but he took no action. The further assertion that the petitioner left for Karachi and had remained there till 1990 also shows that the petitioner abandoned his right in the transfer of land in favour of respondents No.2 to 8 whose names stood duly reflected in the revenue record as owner at least since 1964. In the circumstances of the case it would be unjust to uproot the respondents from the land in dispute after 30 years and the discretion vesting in this Court under Articles 199 of the Constitution of Islamic Republic of Pakistan , 1973 cannot be exercised in favour of the petitioner.
In view of the above, this petition is dismissed with no order as to costs.