' Mian Muhammad Younis Shah Advocate assisted by Qazi Ehsanullah Qureshi, Advocate, learned counsel for the appellants and Kh. Azhar Rashid, learned Assistant Advocate-General assisted by Mr. Muhammad Usman Khan, Advocate for the respondents present.
2. Arguments, on the application submitted, by the petitioners for converting their appeal (Regular First Appeal No,59 of 1991) into writ petition, heard at length. Record of the case perused.
3. The land, the subject matter of this appeal, was acquired on 1-2-1972. Thereafter, the Land Acquisition Collector sent a reference under section 18, Land Acquisition Act, to the Land Acquisition Judge/Senior Civil Judge, Peshawar.
3. It took the Land Acquisition Judge/Senior Civil Judge 20 years to decide the objection petition sent to him by the Collector for determining the compensation.
4. A perusal of the record would show that the land was acquired @ Rs,1,320 per Kanal. Later, this compensation was enhanced by the Land Acquisition Judge/Senior Civil Judge to Rs,2,000 per Kauai, vide his judgment recorded on 304-1991 in Objection Petition No,16/4 of 1972 (Muhammad Sharif etc. v. Land Acquisition Collector, Peshawar).
5. Aggrieved by the said order the appellants/objectors have preferred this appeal (Regular First Appeal No,59 of 1991) which is pending disposal in this Court for the last 8 years, and has been adjourned off and on for one reason or the other.
6. Only lately the objectors have filed this application wherein it has been prayed that this R.F.A. Be treated/converted into a writ petition.
' In this respect the learned counsel for the appellants has placed reliance on case titled Shabbir Hussain and others v. Chief Settlement and Rehabilitation Commissioner, Lahore and others, reported as 1970 SCM R 44 (D.B.) wherein the Supreme Court, comprising of His Lordship Mr. Justice Hamoodur Rahman and His Lordship Mr. Justice Muhammad Yaqub. Ali held:-
(1) Shabbir Hussain and others v. Chief Settlement and Rehabilitation Commissioner Lahore and others. 1970 SCM R 44 (D.B.) "Constitution of Pakistan (1962), Art. 98 and Displaced Persons (Land Settlement) Act XLVII of 1958), S.21---Writ petition filed against order of Settlement Authority---Writ petition on request converted into revision under S.21, Displaced Persons (Land Settlement) Act, 1958 but after matter had been heard on merit High Court re-converting revision into writ petition-- -No exception could be taken to procedure adopted by High Court---Special Leave to Appeal refused by Supreme Court".
7. Similarly another judgment of the Honourable Supreme Court has been relied upon wherein His.
Lordship Mr. Justice S.A. Rahman and His Lordship Mr. Justice Hamoodur Rehman have held:-- ' Abdul Aziz v. Muhammad Ashiq etc. 1968 SCM R 202 (D.B.) Displaced Persons (Land Settlement) Act (XLVII of 1958), S.21---Revision under S.21-Special Leave to Appeal granted to consider question whether High Court have legally treated such revision as a petition under Art. 98, Constitution of Pakistan (1962)."
8. The learned counsel for the appellants/petitioners, therefore, prayed that this Regular First Appeal may kindly be converted into a writ petition and heard by a Division Bench on merits.
9. On the other hand, the learned Assistant Advocate-General assisted by Mr. Muhammad Usman Khan Advocate submitted that the Constitutional remedy is not covered by the provisions of the C.P.C. And that the action brought under the. C.P.C. Could not be converted into a writ petition. He, therefore, prayed that the petition in hand, for converting the R.F.A. Into a writ petition be, therefore, dismissed.
10. After having heard the learned, counsel for the parties at length and having gone through the case-law cited at the Bar, I am of the view that it has probably escaped the notice of the learned counsel for the respondents that if a petitioner has the remedy, both by way of an appeal or by way of filing a writ petition, then in that case, the appeal filed by him could be converted into a writ petition and If he has filed a writ petition then that could be converted into an appeal.
11 Accordingly this petition is accepted. This Regular First Appeal is 'converted into a writ petition. It shill now be placed before a Division Bench for disposal.
12. The office shall see that this writ petition is fixed as Notice No,1 case for early disposal as the matter is pending disposal for the last more than 8 years.