SH. AZMAT SAEED, J. --- This Constitutional petition is directed against the order dated 21.12.2004 passed by the respondent Border Area Committee cancelling the land in dispute.
2. It is contended by the learned Counsel for the petitioners that the impugned order has been passed without affording the opportunity of hearing to the petitioners. Even otherwise, the impugned order is without any factual basis and suffers from misapplication of law. Learned Counsel for the Border Area Committee has controverted the contentions raised on behalf of the petitioners both on factual and legal plain. He, however, has not denied the fact that the petitioners have not been granted opportunity of hearing. The petitioners claim right in the land in question and the impugned order is prejudicial to their interest and, therefore, the petitioners were entitled to a right of hearing before passing of the impugned order.
3. In the circumstances the impugned order is not sustainable in law. Consequently the impugned order dated 21.12.2004 is hereby set aside. The case is remanded back to the respondent Border Area Committee. Parties are directed to appear before the Committee on 09.10.2006. No further notice need be issued. The respondent Committee is directed to finally adjudicate this matter within 15 days from the said date. This Constitutional petition is accepted in the above term. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.