' This Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed by the petitioner for quashment of F.I.R. No,14 of 1999 registered at Police Station Anti- Corruption Establishment, Vehari.
2. The facts giving rise to the present writ petition are that the property in dispute agricultural land was allotted by the Garden Allotment Committee in favour of Hakeem Majeed and Esso Muhammad evacuees against their verified claim, which was cancelled by the Deputy Settlement Commissioner. The cancellation was challenged by the allottees Hakeem Majeed and another through Writ Petition No,440/R of 1968 in the Lahore High Court, which was accepted by his Lordship Mr. Justice Shamim Hussain Qadri, on 13-12-1973. The Honourable Judge observed, "that it was the only Garden Allotment Committee competent to cancel the land after hearing the petitioner. The Deputy Settlement Commissioner was not surely competent to sit on judgment passed by the Garden Allotment Committee. The order suffers from violation of principle audi alterm partem".
Some Hakeem Rukan-ud-Din filed an application on 26-12-1975 before the District Collector, Vehari praying for the cancellation of the said allotment for the reasons that the area in question was being sold under fake mutation. Then Muhammad Ramzan etc. Filed Writ Petition 553/R of 1978 against the proceedings initiated on the application of Hakeem Rukan-ud-Din etc. And the writ petition came up for hearing before his Lordship Mr. Justice Gul Muhammad, Judge of this Court who was pleased to accept the same and declared;" that the proceedings being taken up by the District Collector to be without lawful authority and of no legal effect. Thus, allotment in favour of the allottees Hakeem Majeed, etc. Remained in tact. The present petitioner is one of the vendees from Hakeem Majeed etc. Of the suit property. A suit was filed for declaration against the Province of Punjab by Muhammad Aslam etc. Vendees claiming that they are the owner in possession over the property and the respondent has no right to interfere and the order, dated 1-12-1986 of the District Collector is wrong, without legal effect and without lawful authority. This suit was dismissed vide judgment and decree, dated 9-6-1992. Being aggrieved, an appeal was preferred by Muhammad Aslam etc. Which was accepted by the District Judge, Vehari vide judgment and decree, dated 8-3-1995; against which the Province of Punjab had preferred a revision petition in this Court. The revision petition was dismissed by me of even dated judgment. The District Collector got registered a case F.I.R. No,14 of 1999 at Police Station Anti-Corruption Establishment, Vehari on 15-7-1999 under sections 409, 466, 468, 471, 109, P.P.C. Read with section 5(2) of the Prevention of Corruption Act. The District Collector in his letter addressed to the Anti-Corruption Establishment for registration of the case, has admitted that two Writ Petitions Nos.440/R of 1968 and 553/R of 1978 were filed and which were accepted by the High Court and the allotment in favour of the allottees Hakeem Majeed etc. Remained in tact. The suit filed by Muhammad Aslam etc. Vendees/purchaser from the original allottees has also been decreed by the District Judge. Later on revision petition against the judgment and decree of the District Judge was also dismissed by this Court, today.
3. From the contents of the F.I.R. It is manifestly clear that the property in dispute was declared as an evacuee property and it was allotted to the evacuees by the Garden Allotment Committee and till registration of the case the allotment was in tact and the present petitioners and others are vendees from the original allottees. After decision of the High Court and the District Court the purchasers/owners were entitled for implementation of the judgment and decree of the Courts in the Revenue Record in their favour.
4. As it was a closed and past transaction, it could not be re-opened by the District Collector.
Furthermore, the evacuee laws have been repealed in 1974 and after that the Settlement Authority is ceased to be officer under the Settlement Laws. High Court normally would not interfere into investigation of the case, because the factual controversy could not be resolved in exercise of Constitutional jurisdiction of this Court, but where offence is not made out from the bare reading of the F.I.R., then this Court can interfere in aid to the petitioner to save him from the agony of the investigation.
5. As admitted by the District Collector in his letter addressed to the Anti-Corruption Establishment the allotment is still in tact in the name of allottees and no competent forum has cancelled the same, the order of cancellation by the Deputy Settlement Commissioner, Vehari has been set aside by the High Court in its Constitutional jurisdiction, knocked through Writ Petitions Nos.440/R of 1968 and 553/R of 1978 and the judgment and decree passed by the District Judge, Vehari.
6. From the contents of the F.I.R. No offence under sections 409, 466, 468, 471, 109, P.P.C. And section 5(2)47 of P.C.A. Is made out against the petitioner and other culprits. Learned A.A.-G. Present in Court has not been able to controvert the above discussion.
7. In view of the above, this writ petition is accepted and the F.I.R. No,14 of 1999 registered at Police Station Anti-Corruption Establishment, Vehari, dated 15-7-1999 under sections 409, 466, 468, 471, 109; P.P.C. Read with section 5(2) of Prevention of Corruption Act, 1947, is declared illegal, without lawful authority hence quashed.