' Muhammad Anwar etc. Have filed this revision petition under section 164 of West Pakistan. Land Revenue Act, 1967 against Muhammad Akram etc. Respondents feeling aggrieved by an order dated 30-10-2001 passed by the Executive District Officer (Revenue), Kasur.
2. Counsel for the petitioners contended against brief impugned order of Executive District Officer (Revenue), Kasur dated 30-10-2001 that:--
(i) The impugned order is violative of order passed by Senior A Member, Board of Revenue, Punjab, dated 11-10-2001 to the effect that final order will not be announced by Executive District Officer (Revenue) pending the transfer application. Further that the transfer application was pending before Senior Member, Board of Revenue when Executive District Officer (Revenue) announced on 30-10-2001, copy of order of Senior Member was presented before E.D.O. (Revenue) hence the orders of E.D.O. (Revenue) are not sustainable.
' On 30-10-2001 when the impugned order was passed, petitioners nor their counsel were present hence petitioners were condemned unheard.
' Vide impugned decision the case has been decided on technical ground which goes against the spirit of decision of Supreme Court.
3. It has been prayed that impugned order may be set aside and case may be remanded to Executive District Officer (Revenue) for deciding afresh after hearing both the parties.
4. Counsel for the respondents has very graciously conceded the request of counsel for petitioners that appeal should be decided on merit rather on technical ground; therefore, impugned order may be set aside.
5. In view of above, the request of counsel for the petitioners is accepted, the impugned order of E.D.O. (Revenue) Kasur, dated 30-10-2001 is set aside and the case is remanded to the E.D.O.
(Revenue), Kasur for decision afresh on merits expeditiously after hearing both the parties. Parties are directed to appear before E.D.O. (Revenue), Kasur on 24-9-2003.