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Writ Petition No.495-R of 1978, heard on 18th January, 1986.

---Ss.10 & 11--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2 (2)--Constitution of Pakistan (1973), Art.199- Allotment of land, cancellation of--Principle of natural justice, violation of--Petitioners/allottees and occupants of disputed land being necessary parties to Mukhbari application filed by respondent, admittedly were condemned unheard at time of cancellation of their allotment--Order cancelling allotment passed by Settlement Authorities at the back of allottees being violative of principles of natural justice, was declared illegal by High Court in exercise of constitutional jurisdiction.

Ch. Muhammad Abdullah for Petitioners.

Nazir Ahmad for Respondent No.1

Nemo for Respondent No.2.

Date of hearing: 18th January, 1986.

Through this Constitutional Petition, Mst. Surayya Bibi and two others, petitioners want this Court to declare the order, dated 29-3-1977 of Additional Settlement Commissioner, Narowal, to be without lawful authority and of no legal effect.

2. The petitioners' case is that they are refugee from Jammu & Kashmir. They were originally allotted 85 kanals and 11 marlas of land in village Kaleer Veran, Tehsil Narowal for maintenance on 10-3-1960. During the consolidation proceedings a new land measuring 47 kanals and 9 marlas was allotted to Mst. Surayya Bibi, petitioner No.1 as head of the family. It so happened that some of the khasras of the petitioners were re-allotted against the claim of one Abdul Rashid. On this Mst. Surayya Bibi filed appeal which was accepted on 28-8-1970 by Additional Settlement Commissioner and khasras were restored to the petitioners. On the invitation of applications from Jammu & Kashmir refugees for the grant of proprietary rights of the land allotted to them, the petitioners filed relevant form duly verified by the patwari and Girdawar. On 28-6-1974, Muhammad Ibrahim, respondent No.2 filed Mukhbri application against the allotment to the petitioners before Additional Settlement Commissioner (Lands), respondent No.l who vide his order, dated 29-3-1977 cancelled the allotment of the petitioners, hence this petition.

3. Learned counsel for the petitioners submitted that the petitioners were the allottee as well as occupant of the disputed land; that they were necessary party to the Mukhbri Application; that petitioners No.2 & 3 were not impleaded as party in the Mukhbri application; that since wrong address of Mst. Surayya Bibi petitioner No.l was given in the Mukhbri application, therefore, she could not appear before the Additional Settlement Commissioner who also proceeded against her ex parte and that the petitioners have in fact been condemned unheard. The learned counsel for the Settlement Department has not been able to controvert the submissions made by the learned counsel for the petitioners. Muhammad Ibrahim, respondent No.2 has been ordered to be proceeded against ex parte.

4. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioners. I find that the petitioners were necessary party to the Mukhbri application and that they have been condemned unheard. That being the position, the impugned order is declared to have been passed without lawful authority and is of no legal effect.

5. For what has been said above, the petition is accepted and the case is sent back to A.D. C.(R)/Notified Officer, Gujranwala for fresh decision of the Mukhbri application in accordance with law after giving the parties opportunity of being heard. The parties are left to bear their own costs.

H.B.T./S-44/ L Petition accepted.

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