2. The relevant facts for the disposal of this writ petition are that petitioner was owner of land measuring 5 Kanals, 16 Marlas bearing Khewat No.127, 145 and 186 Khatuni No.469 situated in village Wasilan and he was in possession of the same since 1964. The petitioner stated that Consolidation Scheme was confirmed on 29-4-1974 and aforesaid land (5 Kanals, 16 Marlas bearing Killa No.1) was given to him. Thereafter Sharif-ul-Hassan respondent No.18 filed appeal before A.D.C. (C) but petitioner was not a patty in his appeal and the same was accepted on 1-11-1981. Later on Mst. Mehr Khatoon, respondent No.3 filed appeal before Additional Commissioner (Consolidation)
Bahawalpur against order, dated 1-11-1981 and petitioner was not party in said appeal but Additional Commissioner accepted her appeal and suit-land (measuring 5 Kanals, 16 Marlas bearing Killa No.1) was given to Mst. Mehr Khatoon, respondent No.3 whereas land measuring 5 Kanals, 16 Marlas bearing Killa No.15 was given to the petitioner. He filed revision petition before respondent No. 1 (M.B.R.) but the same was dismissed vide order, dated 16-1-1991. He filed suit for declaration against the orders passed by respondents No.1 and 2 but the same was dismissed by learned Civil Judge vide judgment, dated 16-2-1992. Hence this writ petition.
3. I have heard the arguments and perused the record.
4. Learned A.A.-G. Submits that factual controversy is involved in this case which cannot be resolved in this writ petition. Further submits that petitioner had filed suit for declaration against impugned orders which was dismissed on 16-2-1992 but the petitioner never challenged the said judgment and decree before any Court which has attained finality, therefore this writ petition is liable to be dismissed
5. As mentioned above Additional Commissioner (Consolidation), Bahawalpur gave suit-land (measuring 5 Kanals, 16 Marlas) to Mst. Mehr Khatoon, respondent No.3 vide judgment, dated 23-9- 1987 passed in appeal brought by her (Mst. Mehr Khatoon). The petitioner filed revision petition before M.B.R. (respondent No. 1) against said judgment but the same was dismissed vide judgment, dated 16-1-1991. The perusal of record shows that then petitioner filed a suit for declaration against Mst. Mehr Khatoon etc, and challenged order, dated 23-9-1987 passed by Additional Commissioner (Consolidation), Bahawalpur and judgment, dated 16-1-1991 passed by Member, Board of Revenue (Consolidation), Punjab, Lahore but his suit was dismissed by learned Civil Judge vide judgment, dated 16-2-1992. The petitioner has given particulars of civil suit in writ petition. He never filed any appeal etc. Against the said judgment and decree which has now attained finality. So this writ petition is liable to be dismissed on this score alone.
6. On merits too petitioner has no case. The perusal of order, dated 16-1-1991 passed by M.B.R.
Shows that this revision petition was dismissed after considering material available on record. The respondent (M.B.R.) observed that "Consolidation operations are a matter of give and take and no material discrepancy appears to have occurred in the allocation of Wandas and hence no interference by this Court would be justifiable". Even otherwise it is well reasoned order. The case of petitioner is that suit-land (5 Kanals 16 Marlas) is adjacent to his remaining land. Also that land given to him by Additional Commissioner is at a distance of about 3 miles from his original land. It shows that factual controversy is involved in this case which cannot be resolved by this Court in the exercise of its extra ordinary writ jurisdiction, therefore, the same is liable to be dismissed.
7. The upshot of the above discussions is that this writ petition has no force and the same is accordingly dismissed. No order as to costs.