1986 PLP 1042 (MLD)

(b) Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 199‑‑Constitutional jurisdiction, exercise of‑‑Border Allotment Committee while passing order to detriment of claimant failed to afford reasonable opportunity to be heard to seh claimant who was bona fide purchaser of land‑‑Writ in nature of certiorari, held, could be issued on admission before Court or disclosure made as result of perusal of record irl constitutional jurisdiction of High Court. Sh. Hamid Mukhtar for Petitioner. Ch. Muhammad Rafiq Khan for Respondents. Date of hearing:, 6th April, 1986. This writ petition is directed against the order of Border Area Committee, Farid Kot House, Lahore on the sole grievance that before the impugned order was passed to the detriment of the petitioners, they were not afforded reasonable opportunity to be heard despite the fact that they were bona fide purchasers of the land in dispute since before the commencement of the proceedings by the said Committee.

2. Learned counsel appearing on behalf of the Border Area Committee, after consulting the record, states that indeed it appears that notices issued.to the petitioners came back unserved. It is explained by the learned counsel for the petitioners that the village in question is located on the eastern side i.e. across the river Sutlej, though it forms part of Pakistan. There is thus no denying the fact that the impugned proceedings have been taken in violation of the requirements of rules of natural justice i.e. absence of reasonable opportunity to person against whom an adverse order has been passed to defend himself.

3. Learned counsel for the Border Area Committee further states that the petitioners be directed to appear before the Border Area Committee on an actual date with a further direction that the case be finally decided within next three months.

4. I entertain no doubt in my mind that a writ in the nature of certiorari can be issued on the admission in the face of the Court or disclosures made as a result of perusal of the record. I would accordingly declare the impugned order to be without lawful authority and of no legal effect and remand the case to the Border Area Committee for fresh decision after hearing the petitioners and grant them opportunity to defend them selves. The petitioners shall appear before the Border Area Committee on 20‑4‑1986 and the case in remand shall be disposed of finally within three months. It is further directed that the petitioners till the decision of proceedings in remand shall not jeopardise the interest of any other allottee of the land in dispute or alienate the same in any manner: In the circumstances of the case, there shall be no order as to cost. S. A. Petition accepted.