' Through this constitutional petition, Hassan Din and 19 others, the petitioners want this Court to declare the allotment of Khasra No,115/5 to Abdul Sattar and 3 others, respondents No,s.2 to 5 by the Deputy Settlement Commissioner/A.R.C. (L), Sheikhupura to be without lawful authority and of no legal effect.
2. The dispute relates to Khasra No,115/5 of Chak No,5 measuring 8 Kanals 18 Marlas situated in Chak No,4/R.B. Sheikhupura. Hassan Din and 19 others, the petitioners are "{{URDU TEXT}}. Their case is that the disputed Khasra is " {{URDU TEXT}}". They have constructed houses thereon. The Settlement Department however allotted this Khasra to Abdul Sattar and others respondents Nos. 2 to 5 without any notice to them, hence this petition.
3. The learned counsel for the petitioner contended that the disputed Khasra is "{{URDU TEXT}}" and as such could not have been allotted to the respondents Nos.2 to 5; that no notice was issued to the petitioners and that they have been condemned unheard. Conversely, the learned counsel for the respondents have supported the impugned order.
4.,. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioners. I find that undisputedly Khasra No,115/5 was a " {{URDU TEXT}} "; that more than 20 families are living there; that the residents of the Killa have construsted houses there; that although the Khasra was shown as " " yet no notice was issued to "{{URDU TEXT}} " before allotting the same to the respondents; that the Khasra No,115/5 being " " could not have been allotted as agricultural land and that the petitioners have been condemned unheard.
For what has been said above, I am convinced that the impugned order is not only illegal but also opposed to the rule of natural justice and as such, there is no option but to declare the same to have been passed without lawful authority and of no legal effect. The parties are left to bear their own costs.