1989 PLP 3514 (MLD)

Date of hearing: 3rd December, 1988. Through these three Writ Petitions No. 409/11 of 1981 filed by Muhammad Nawaz, Ghulam Haider, Hussain Bakhsh, Shaukat All, Muhammad Khan, Shah Muhammad and Muhammad Hayat; Writ Petition No. 410/R of 1981 filed by Gul Muhammad, Rahim Bakhsh, Ghulam Muhammad, Ahmad Bakhsh and Nazir Ahmad and Writ Petition No. 480/R of 1981 filed by the aforesaid petitioners alongwith Muhammad Hussain, Rasul Bakhsh, Muhammad 1qbal, Khan Muhammad, Karim Bakhsh and Bashir Ahmad, the petitioners herein, want this Court to declare the order dated 16‑8‑1981 of Deputy Administrator (Residual) Properties, Bahawalpur, respondent No. I to be without lawful authority and of no legal effect.

2. The facts leading to these petitions, briefly, are that pursuant to the orders of Deputy Administrator (Residual) Properties/Deputy Settlement Commissioner, Bahawalpur, residual available evacuee plots situated in Mauza Himayate and Mauza Bindra, Tehsil and District Bahawalpur, i.e. the disputed properties were transferred to the petitioners vide transfer deeds No. 1237, dated 5‑9‑1979, No. 1340, dated 18‑5‑1981 and No. 1351, dated 18‑5‑1981. On 16‑8‑1981 the Deputy Administrator (Residual) Properties, respondent No. 1, cancelled the aforesaid transfer deeds on the ground that the same were obtained by the petitioners by producing wrong record of their entitlement. Hence these petitions.

3. The learned counsel for the petitioners submitted that the impugned order being violative of the rule of natural justice is bad in law inasmuch as no opportunity of being heard was afforded to the petitioners.

4. The learned counsel for the respondent argued that since the orders for the transfer of the disputed property were obtained by the petitioners by producing false revenue record, therefore, the transfer deeds in their favour have rightly been cancelled by the respondent.

5. I have considered the submissions made by the learned counsel for the parties, with care. I feel pursuaded to agree with the learned counsel for the petitioners. I find that before passing the impugned order, no notice was issued to the petitioners and they were not given any opportunity to prove the genuineness of the record such as Khasra Girdawari etc. on basis whereof the disputed properties were transferred to them. The petitioners have virtually been condemned unheard. The impugned order is certainly violative of the rule of natural justice. That being the position, there is no option but to declare the impugned order to be without lawful authority and of no legal effect.

6. Resultantly, the case is sent back to A.D.C. (G), Bahawalpur, for fresh decision of the matter after affording opportunity of being heard to the petitioners as well as Ilahi Bakhsh son of Muhammad Bakhsh caste Arain, resident of Basti Bindra, Bahawalpur, on whose application the impugned order was passed. The parties are left to bear their own costs. H.B.T./M‑1544/L Order accordingly.