' This writ petition is directed against the order of Border Area Committee, Farid Kot House, Lahore on the sole grievance that before the impugned order was passed to the detriment of the petitioners, they were not afforded reasonable opportunity to be heard despite the fact that they were bona fide purchasers of the land in dispute since before the commencement of the proceedings by the said Committee.
2. Learned counsel appearing on behalf of the Border Area Committee, after consulting the record, states that indeed it appears that notices issued to the petitioners came back unserved. It is explained by the learned counsel for the petitioners that the village in question is located on the eastern side i.e. Across the river Sutlej, though it forms part of Pakistan. There is thus no denying the fact that .The impugned proceedings have been taken in violation of the requirements A of rules of natural justice i.e. Absence of reasonable opportunity to a person against whom an adverse order has been passed to defend himself.
3. Learned counsel for the Border Area Committee further states that the petitioners be directed to appear before the Border Area Committee on an actual date with a further direction that the case be finally decided within next three months.
4. I entertain no doubt in my mind that a writ in the nature of certiorari can be issued on the admission in the face of the Court or disclosures made as a result of perusal of the record. I would accordingly declare the impugned order to be without lawful authority and of no legal effect and remand the case to the Border Area Committee for fresh decision after hearing the petitioners and grant them opportunity to defend themselves. The petitioners shall appear before the Border Area Committee on 20-4-1986 and the case in remand shall be disposed of finally within three months.
It is further directed that the petitiotlers till the decision of proceedings in remand shall not jeopardise the interest of any other allottee of the land in dispute or alienate the same in any manner. In the circumstances of the case, there shall be no order as to costs.