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Writ Petition No.1095 of 1977, decided on 19th June, 1984.
---Art.199--Principles of natural justice--Maxim audi alteram partem (No one shall be condemned unheard)--Petitioners not served with a notice nor impleaded in proceedings affecting their rights--Held, it was against law and rules of natural justice that a person was deprived of his life or property without being afforded an opportunity of hearing Such order declared without lawful authority.--[Maxim].
Muhammad Abdullah for Petitioners.
Sh.Abdul Aziz for Respondents Nos.1 to 3.
Muhammad Anwar Bhinder for Respondent No.4.
Nemo for Respondents Nos.5 to 13.
Date of hearing: 19th June, 1984.
This order will dispose of Writ Petitions No.1095/R/77, 1587/R/1977 and Writ Petition No.442/R/80 as these challenge the same order of the Additional Settlement Commissioner/ Chief Settlement Commissioner, Gujranwala, dated 25-4-1977.
2. Relevant facts for the disposal of these petitions are that the petitioners claim to be bona fide purchasers for value from one Meharban a displaced person from East Punjab (India) to whom allotment was made in various villages of Gujranwala: The allotment has been cancelled vide the impugned order.
3. The contention of the petitioners is that they have not been served with a notice or were not impleaded in the proceedings in which their rights have been affected. Learned counsel appearing on their, behalf have submitted that it is against law and rules of natural justice that somebody may be deprived of his life or property without being afforded an opportunity of hearing. This is, of course, the established law. In view of the above, the impugned order is declared to be without lawful authority and of no legal effect. The matter is remitted to the learned Member, Board of Revenue/Chief Settlement Commissioner for entrustment to a competent officer for fresh decision in accordance with law after notice to the parties concerned. In the circumstances, the parties shall bear their own costs.
M. B. A. Case remanded.
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