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Writ Petition No.1458 of 1985, heard on 26th February, 1986.

‑‑‑S.30‑‑Constitution of Pakistan (1973), Art. 199‑‑Proprietary rights, claim for‑‑Rejection of‑‑Rescission of circular memorandum‑‑Effect Where proprietary rights claimed on basis of earlier circular memorandum of Board of Revenue were rejected on basis of subsequent circular memorandum which later on was rescinded, findings based on such non‑existent circular memorandum, held, would automatically vanish High Court setting aside rejection orders of functionaries and remanded case for fresh disposal in accordance with law.

Muhammad Rashid Chughtai for Petitioners.

Khalil Ramday, Addl. A.‑G. for Respondents.

Dated of hearing: 26th February, 1986.

This writ petition is based on the grievance that the petitioners had applied for proprietary rights on the basis of circular memorandum of 1979, but the functionaries below had taken into account the subsequent circular memorandum of the Board of Revenue, dated 31‑1‑1983 and thus rejected the entitlement of the petitioners.

2. The learned Additional Advocate‑General Mr. Khalil Ramday has produced before me the circular memorandum of the Board of Revenue, dated 20‑2‑1986 whereby earlier memorandum, dated 31‑1‑1983 has been rescinded: It follows as a natural corollary that the orders based upon non‑existent circular automatically vanished. I have, therefore, no hesitation in setting aside the impugned orders. The case is accordingly remanded to the Collector concerned for fresh disposal of the petitioners application for conferment of proprietary rights in accordance with law.

No order as to costs.

H.B.T.

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