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Petitioner: HAMIDA BEGUM VS Respondent: SETTLEMENT DEPARTMENT AND OTHERS
Court Name: Lahore High Court Judge(s): Abdul Shakurul Salam, Muhammad Aslam Mian Title: HAMIDA BEGUM vs SETTLEMENT DEPARTMENT AND OTHERS Case No.: Writ Petition No, 1439-R of 1977 Date of Judgment:1982-12-17 Reported As: 1983 CLC 2487 Result: Case remanded
JUDGMENT
JUDGMENT ABDUL SHAKURUL SALAM, J.-This order will dispose of W. P. Nos. 1439-R/77 (2) 1440-R/77 and (3) 1518- R/77 which challenge the order of Assistant Commissioner (Sadar)/A d ditional Settlement Commissioner (Land) Lahore dated 20th October, 1977. 2. The officer on a Mukhbari application dated 7th July, 1977 cancelled the allotment of the petitioners' predecessor-in-interest. 3. Contention of the learned counsel for the petitioners is that the application was incompetent, the officer had no jurisdiction, after the repeal of all Settlement Laws from 1st July, 1974 vide Act XIV of 1975 and that the orders have been passed without notice to the petitioners. 4. The officer proceeded on the basis that the allotment had been obtained by impersonation, cheating and forgery, etc. Whether that is so or not can only be found 'justly' in accordance with law declared by the learned Supreme Court in Chief Commissioner, Karachi v. Mrs. Dino Sohrab Katrak after affording an opportunity of hearing to the persons likely to be affected by a competent officer. Since that was not done, these petitions are accepted. The impugned order is declared to be without lawful authority and of no legal effect. Cases are remitted to the learned Member, Board of Revenue for entrustment to a notified officer to ascertain facts and pass order/orders in accordance with law. The parties are directed to appear before the learned Member, Board of Revenue on 8th January, 1983 who will direct the petitioners to appear before a notified officer the same day or on a subsequent date. In the circumstances the parties shall bear their own costs.