' Through this constitutional petition, Jalal Din petitioner (since dead) wanted this Court to declare the order, dated 25-5-1978 of the Deputy Settlement Commissioner, to be without lawful authority and of no legal effect. He also requested for direction to the Settlement Department for issuing transfer order to him.
2.' The dispute relates to the transfer of House Property No,N-VII-13-S-2, Badami Bagh, Lahore. The petitioner's case is that the disputed house was in his possession and was transferred to him. P.T.O.
Was issued in his name on 21-10-1960. Subsequently the same as resumed on 19-12-1,967 from his name and put to auction on 27-2-1968 and transferred to Sh. Hidayat Ali the predecessor-in- interest of respondents Muhammad Au and 10 others who was the highest bidder. On his death, Muhammad All and 10 others, the respondents were declared his legal heirs vide order, dated 25- 10-1973 of the Deputy Settlement Commissioner, Lahore. Thereafter, the Deputy Settlement Commissioner vide impugned order, dated 25-5-1978 directed that the petitioner may seek judicial remedy available to him under the law against the resumption and auction of the property in favour of Sh. Hidayat Ali, hence this petition.
3. The learned counsel for the petitioner contended that since the disputed land had been transferred to the petitioner and P.T.O. Had been issued, therefore, the property could not have been cancelled from his name and resumed. The learned counsel further submitted that the proceedings of the transfer of disputed property to Sh. Hidayat All on 27-2-1968 are bogus because Sh. Hidayat Ali having died on 19-1-1962 could not have offered the highest bid on 27-2-1968. The learned counsel for the Settlement Department has supported the impugned order. It may be noted that Muhammad Ali and 10 others respondents the legal heirs of Hidayat All have been ordered to be proceeded against ex parte.
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 petitioner. I firid that from the entries in the death register, Annexure 'B' and from order, dated 25-10-1973 of the Deputy Settlement Commissioner, Annexure 'C' it is very much established that Sh. Hidayat All had died on 19-1-1962 and as such the question of his offering the highest bid on 27-2-1968 with regard to the transfer of the disputed house did not arise. Furthermore, Although P.T.O. Of the disputed house had already been issued in favour of the petitioner yet he was not given any opportunity of being heard before the disputed property was resumed on 19-12-1967. For all these reasons I am convinced that the impugned order is not only illegal_ but had also been passed without lawful authority.
' For what has been said above, the writ petition is accepted, the impugned order is declared to be illegal and having been passed without lawful authority and of no legal effect. The parties are left to bear their own costs.