' Through Constitutional petition Khuda Bakhsh and 4 other petitioners, want this Court to declare the order, dated 19-10-1977 of Border Area Allotment Committee, Lahore respondent No,1 to be without lawful authority and of no legal effect.
2. The dispute relates to the transfer of:-
(1) Land measuring 48 Kanals and 3 Marlas comprising of Khasras Nos. 522, 524, 546 in Village Saranchak Khadial Tehsil Shakargarh, District Sialkot.
(2) Land measuring 8 Kanals and 15 Marlas, Khasras Nos. 406/438 to 356 in Village Moin Mian.
(3) Land measuring 25 Kanals and 14 Marlas Khasra Nb. 71 in Kot Nawan.
(4) Land measuring 128 Kanals and 5 Marlas comprising Khasras Nos. 761, 769 to 773, 777 and 757 in Village Majot, Tehsil Shakargarh, District Sialkot.
' This land was temporarily allotted to Muhammad Bakhsh and Jan Muhammad, predcessors of petitioners Nos. 2 to 5 and Khuda Bakhsh petitioner No,1 who is alive. It so happened that on 19-10- 1977, the Border Area Allotment Committee, respondent No, 1 allotted land to Sub. Major Capt.
Muhammad Latif Rana, respondent No,2, hence this petition.
3. Learned counsel for the petitioners mainly contended that the land has been allotted to respondent No, 2 without cancelling the same from the name of Khuda Bakhsh petitioner Muhammad Bakhsh and Jan Muhammad predecessors of petitioners Nos. 2 to 5 conversely, the learned counsel for Border Area Allotment Committee, respondent No, 1 has supported the impugned order. It may be noted that respondents Nos. 2 to 8 have been ordered to be proceeded against ex parte.
4. I have considered the submission 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 the disputed land stood temporarily allotted to Muhammad Bakhsh. Jan Muhammad and Khuda Bakhsh and without cancelling it 'from their names, the respondent No,1 has allotted it to respondent No,2 and that too, without any notice to the petitioners. The order is not only illegal but has also been passed in violation of the rule of natural justice.##TE ##
5. For what has been said above, the impugned order is declared to have been passed without lawful authority and the case is sent back to Border Area Allotment Committee, respondent No,1, for fresh decision in accordance with law after giving the parties opportunity of being heard. The parties are left to bear their own costs.