' It is contended that on the verification of the petitioner's claim for 54 Bighas 18 Biswas allotment was made on RL-II No, 213 and 267 of village Masanda, Tehsil and District Gujranwala in the year 1959. It was reviewed for changing some of the Khasra numbers and then finally confirmed by the Deputy Settlement Commissioner (L) on 26th June, 1967. Respondent No, 3 filed an application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 on 5th September, 1967. On 7th September, 1967 without summoning the petitioner substituted service was ordered which was effected through an unknown newspaper `Tohfa'. The land was cancelled on 21st September, 1967. The petitioner filed a revision petition bearing Settlement Revision No, 135/67 which was ordered to be presented before the Settlement Commissioner. It was accordingly done.
The latter has cancelled the aforesaid allotment on the ground that Muhammad Ali Shah Naib- Tehsildar A. R. C. (L) who had made the allotment had denied his signatures. It was also observed that the petitioner had increased verification of the claim to the extent of 100 Bighas. Further that his claim was entered in another village. Moreover, the forms of the RL-II on which the allotment was made were printed in, 1962 and, therefore, the allotment could not be made earlier in 1959. This is vide order dated 24th December, 1978. This otder is challenged through this Constitutional petition.
2. Learned counsel for the petitioner has contended that the officer who had cancelled the allotment on 21st September, 1967 was not possessed with the powers under section 10 of the Displaced Persons (Land Settlement) Act, 1958. It is also submitted .That the allotment in favour of the petitioner at Khatas Nos. 213 and 267 in village Masanda, Tehsil and District Gujranwala is in lieu of the verified claim of 54 Bighas and 18 Biswas and not 154 Bighas. The learned counsel has submitted that the petitioner's allotment was made and scrutinized and confirmed by the Deputy Settlement Commissioner (L) on 26th June, 1967. In due course, the village went in consolidation and the petitioner was given his due in consolidation proceedings and his name appeared in the jamabandi for the year 1967-68. The learned counsel submits that the petitioner has no other allotment anywhere in Pakistan and that if the papers have been changed, that had been done by the interested persons as the respondent No, 3's Mukhbari application filed on 5th September, 1967, was allowed on 21st September, 1967, that is to say, within 16 days which is never done in routine and the whole affair was collusive. The petitioner was never served and the substituted service through an unknown newspaper 'Tohfa' was illegal.
3. Nobody appears to oppose the petition.
4. There is no denying the fact that the petitioner was verified 54 Bighas and 18 Biswas. The petitioner, according to his learned counsel, has no other allotment anywhere else in Pakistan. The petitioner was and is entitled to that extent.
The holding on RL-II Nos. 213 and 267 in village Masanda, Tehsil and District Gujranwala which has been accepted and given to him by public authorities in consolidation proceedings, he is entitled to hold and he was deprived thereof without proper service and on the statement of Muhammad Ali Shah, Naib-Tehsildar, which was allegedly not recorded in his presence. He is entitled to remain settled. Therefore, the impugned order is declared to be without lawful authority and of no legal effect. Besides the allotment of land in question at Khatas Nos. 213 and 267 in village Masanda, Tehsil and District Gujranwala, if the petitioner has any other allotment, that may be cancelled. As nobody has appeared to oppose the petition, there shall be no order as to costs.
Petition accepted.