' MUNIR A. SHEIKH, J.---This petition is directed against order, dated 10-3-1999 passed by Lahore High Court whereby Constitutional petition filed by the petitioners against order, dated 23-11-1993 passed by the Member, Board of Revenue, Punjab has been dismissed.
2. Through memo. Dated 23-11-1993, Board of Revenue re-opened the case of consolidation in Mauza Raichand regarding which consolidation scheme was sanctioned by Consolidation Officer on 28-6-1984. This order was challenged through Constitutional petition before the High Court but without any success.
3. During pendency of the said petition, however, in pursuance of the said order of the Board of Revenue, Consolidation Officer sanctioned fresh scheme on 28-5-1995. Petitioners filed an appeal against this order before the Collector, which was pending when writ petition came up for hearing before the High Court, which has been dismissed on the ground that the petitioners had sought the remedy against fresh scheme before the Collector in appeal, therefore, they should first avail the saidremedy before invoking the Constitutional jurisdiction through the impugned judgment, against which leave is sought.
4. Learned counsel for the petitioners submitted that in appeal against fresh order of consolidation made in pursuance of the order of the Board of Revenue, the petitioners could not challenge the said order. The said appeal was filed as abundant precaution to safeguard the rights of the petitioners in case the writ petition was dismissed. Otherwise, legally the said appeal was not alternate remedy against an order of Board of Revenue.
5. Learned counsel for the caveators has not been able to meet the argument raised by the learned counsel for the petitioners. The order impugned in this petition is not sustainable, therefore, we convert this petition into appeal, order, dated 10-3-1999 passed by the High Court is hereby set aside and the case is remanded to the said Court for decision of the Constitutional petition on merits in accordance with law. There will be no order as to costs.