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---Ss. 10 & 11--Constitution of Pakistan (1973), Art. 199--Natural justice, principle of--Dispute between parties referred by Settlement Commissioner to Deputy Settlement Commissioner for decision who decided matter without notice to petitioner--Petitioner, held, was entitled to be heard--Matter remitted to Notified officer for fresh decision after notice to both parties in circumstances.

Ch. Muhammad Abdul Wahid for-Petitioner.

Ch. Muhammad Nazeer Ahmad for Respondent No.l

Shard Hussain Bokhari for Respondent No.2.

Nemo for respondent : No.3

Dale of hearing: 8t1 Aril 1985.

The inter parties dispute between the petitioner and respondent No.2 was referred by the Settlement Commissioner vide order dated 26-1-1977 to the Deputy Settlement Commissioner. The latter decided it without notice to the petitioner on 7-6-1977. Hence this petition.

2. Learned counsel for the petitioner has contended that the petitioner was entitled to be heard before the impugned order dated 7-6-1977 was passed

3. Learned counsel for the Settlement Department has submitted that the matter may be remitted to the Notified Officer for decision provided the petitioner furnishes security for mesne profits and that the Notified Officer be directed to decide the matter within a couple of months.

4. Learned counsel for the respondent No.2 states that the latter's claim had been reverified by the Central Record Office and the allotment was rightly made vide the impugned order dated 7-6-1977. However, he has no objection if the matter is remitted to the Notified Officer as suggested by the learned counsel for the Settlement Department.

5. In view of the above this matter is remitted to the Notified Officer, A.D.C.(G), Gujranwala for fresh decision after notice to both the parties. He is directed to decide the matter within the next three months. In order to avoid delay, the parties are directed to appear before the learned Officer on 13^th of this month. Since the learned Officer is directed to dispose of the matter within three months, no order as regards furnishing of security for mesne profits is needed but if the matter for any justifiable reason is not finished within that period, the petitioner shall be required to furnish adequate security for mesne profits within a fortnight after the end of the three months to the satisfaction of the said Officer. The petition is, accordingly, disposed of leaving the parties to bear their own costs.

H. B. T.

Order accordingly.

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