Versus Khan Afsar , Syed Sabir Hussain Shah

In the complaint filed by Muhammad Sadiq against Allah Dad etc. in the court of Magistrate 1st Class, Abbottabad the order of the Assistant Settlement Commissioner dated 5‑1‑1970 was challenged on the ground that it was fraudulently pre‑dated by respondent No.3 in collusion with other respondents. Reliance was placed on a subsequent order of the Settlement Commissioner dated 13‑5‑1970 regarding the same property to contend that in the presence of this subsequent order the impugned order of Assistant Settlement Commissioner dated 5‑1‑1970 was pre‑dated and fraudulently made by respondent No.3. The complaint was, however,' dismissed and the revision filed by the petitioner was also dismissed by the learned Sessions Judge, Abbottabad. Hence, this petition under section 561‑A, Cr.P.C,

2. During the arguments the learned counsel for the parties agreed that since the subsequent order of the Settlement Commissioner dated 13‑5‑1970 was operative and holding the field, the earlier order dated 5‑1‑1970 of the Assistant Settlement Commissioner and the consequent mutations are of no legal effect upon the rights of the contesting parties. In view of this agreement of the learned counsel for the parties and in the interest of justice the order of dismissal of the complaint passed by the Magistrate is maintained with the observations that the order of Asstt: Settlement Commissioner dated 5‑1‑1970 and the mutation based thereon bearing Nos. 1076, 1078 and 1078 attested on 14‑3‑1970 will have no binding effect upon the rights of the contesting parties since the said order automatically stood cancelled when the learned Settlement Commissioner passed the subsequent order on 13‑5‑1970. The learned counsel for the parties state that as a consequence of the aforesaid order of the Settlement Commissioner dated 13‑5‑1970, some proceedings have been initiated by the concerned parties in the Civil Court and those proceedings shall continue and be decided in accordance with law. Therefore, while disposing of this application under section 561‑A, Cr.P.C. in terms stated above and upholding the impugned orders of dismissal of the complaint, it is clarified that this order shall not prejudice the decision of the civil suits which are pending pursuant to the order of the Settlement Commissioner dated 13‑5‑1970 and those civil matters shall be decided in accordance with law. This order, however, shall not affect the rights of those persons who are not parties to the present proceedings.

The application under section 561‑A, Cr. P. C. stands disposed of accordingly.

S. G. D./546/P Order accordingly.