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Writ Petition No. 3697 of 1984, decided on 26th September, 1984.

---S. 3--Natural justice, principles of--Evacuee land auctioned and confirmed--Cancellation of confirmed auction of evacuee land--No notice served on auction-purchasers before cancellation--Order of cancellation clearly offended principle of natural justice and in total disregard of maxim audi alteram partem. Ch.Mushtaq Ahmad Khan with Malik Amjad Pervaiz for Petitioners. S.M.Zubair, Additional Advocate-General for Respondents. Date of hearing: 26th September, 1984.

Certain available evacuee land was put to auction under the provisions of section 3 of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The petitioners are stated to have participated in the auction. Being the highest bidders, auction was knocked down in their favour. Subsequently, the price was paid and the auction of evacuee property was confirmed. In the events that followed, the Deputy Commissioner, on inquiry, proceeded to order cancellation of auction proceedings on the ground that he himself had been defrauded by his own staff. Reports state that the auction was just a mere paper transaction. One thing is absolutely clear that the Deputy Commissioner, Mianwali, before proceeding to order cancellation of the auction did not afford an opportunity of hearing to the affected persons i.e. the auction purchasers/writ petitioners. Any order detrimental to the interests of the petitioners could not have been made without issuance of a proper show-cause notice and affording them an opportunity of hearing to defend their title to the evacuee lands which they had acquired by participating in the auction proceedings. The order passed by the Deputy Commissioner clearly offended the principle of natural justice. Mr. S.M. Zubair, learned Assistant Advocate-General has no satisfactory reply to offer. Even the report submitted by the Deputy Commissioner, Mianwali did not explicitly deal with this aspect of the matter. 2. In this view of matter, I am left with no choice except to hold that the impugned order passed in total disregard of the doctrine of audi alteram partem is liable to be set aside. Writ petition accordingly is accepted, the impugned order, dated 28-7-1984 is set aside and the case is remanded to the Deputy Commissioner, Mianwali, for decision afresh after affording opportunity of hearing to the writ petitioners. Petitioners present in Court are directed to enter appearance before the learned Deputy Commissioner on 15-10-1984. H.A.K. Petition accepted.