' This writ petition has been filed on the grievance that petitioners' entitlement was reduced on account of change in classification of the land abandoned by them in India and thus the area was cancelled from their allotment by. The Settlement and Rehabilitation Authorities.
2. The precise grievance in the present writ petition is that the petitioners in spite of that are in possession of Khasra No, 1593 measuring 14 Kanals 15 Merles and thus are eligible to purchase it under the latest prevailing policy of the Provincial Government in the Board of Revenue .As they fulfil the condition of being in possession over the land in question from the target date.
3. It is complained that the order of the learned Member, Board of Revenue as conveyed through Annexure 'E' is not a speaking order and it merely says that land is to be auctioned. It is argued that whenever a right is created in favour of a person, it also carries a corresponding obligation on the statutory functionary to address himself to all the jurisdictional facts as well as question of entitlement of a person and then to pass a reasoned order.
4. Nobody has turned up on behalf of respondents despite service. They are accordingly ordered ex parte.
5. I find substance in the submission of the learned counsel for the petitioners that where a person has applied for conferment of certain rights relying on the provisions of a scheme, rules or statute, the designated functionaries are obliged to attend to his matter with open mind, and take into consideration all the relevant factors and after due inquiry render a just decision through a speaking order. .These requirements are not met in the impugned order which vitiates it.
6.. In view of what has been 'stated above, the impugned order of the learned Member, Board of Revenue as per Annexure 'E', dated 10-1-1982 is hereby set aside and the case is remanded to him for, fresh disposal in accordance with law after a thorough inquiry into the entitlement of the petitioners under the law and prevailing policy. While doing so, the learned Member will also take into consideration any other relevant circumstances including the right of any third party.
' As nobody has opposed this writ petition, there shall be no order as to costs.