' AMIN-UD-DIN KHAN, J.---I will intend to dispose of Writ Petition No.5292 of 1998 and Writ Petition No.6170 1998 through this single judgment.
2. Learned counsel for the petitioners submits that originally the suit-land was allotted by the Assistant Settlement Commissioner to Muhammad Siddique and Muhammad Yasin on their Khata RL-II No.59 vide order dated 14-3-1972 against their verified claim. The said allottees gifted this land to one Farzand who had sold the same to the petitioners predecessor-in-interest namely Muhammad Ramzan for consideration of Rs.15,000 vide registered sale-deed dated 24-7-1972 Thereafter on 14-1-1973 respondent No.3, Bakhshaya moved an application under sections 10/11 of the Displaced Persons (Land Settlement) Act, 1958 before the Additional Settlement Commissioner/ exercising powers of Chief Settlement Commissioner on the ground that the allotment was obtained by Muhammad Siddique and Muhammad Yasin, displaced persons, by fraud and misrepresentation as they got the allotment in excess of their entitlement. The specific ground was that in fact they had abandoned land in India which was Kham Bigha' while they got the same calculated with 'Pacca Bigha' and thus their claim was enhanced. The Additional Settlement Commissioner without notice to the vendee namely Muhammad Ramzan predecessor-in-interest, of the petitioners, cancelled the allotment vide order dated 26-6-1974. Said Muhammad Ramzan, the predecessor, the predecessor-in-interest of the petitioners filed Constitutional Petition No.196.- R/1975. The writ petition was allowed by this Court and the older of the Additional Settlement Commissioner dated 26-6-1974 was declared as void and without lawful authority having been passed without providing opportunity of hearing the vendee Muhammad Ramzan and case was remanded to the Settlement Commissioner for its decision afresh in accordance with law after hearing necessary parties. After remand the Additional Commissioner (Revenue)/Notified Officer Bahawalpur Division Bahawalpur has passed the impugned order dated 5-9-1998 whereby he has restored and maintained the order earlier passed on 26-6-1974 and held that excess entitlement is cancelled from the names of Muhammad Siddique and Muhammad Yasin from their Khatas and the same is allotted to Bakhshaya (Mukhbar) subject to his entitlement. Learned counsel submits that the petitioners being . Bona fide purchasers and in possession since 1972 had a right to purchase the suit-land under section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act XIV of 1975 and their right has not been taken into consideration. Further contends that respondents/authorities have not determined and scrutinized the entitlement of Bakhshaya and have mechanically allotted the land so cancelled from the petitioners to Saeed Ahmad and Sultan alleged legal heirs of Bakhshaya while according to the record produced by them before the Additional Settlement Commissioner, they are not legal heirs of Bakhshaya, thus, not entitled to allotment.
3. After repeal of Settlement Laws 1974 if any claim was pending that claimed now cannot be settled in the light of offer of the petitioners that as they are in possession of the land since 1972, therefore, under section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 they are declared entitled to retain the land and Settlement Department will process their entitlement in accordance with above referred section.
4. Both the writ petitions are allowed in the above terms with no order as to costs.