' This order shall dispose of Writ Petitions Nos. 862/R-79, 911/R-79 and 1134/R-79, as common questions of law and facts have been raised therein. It shall, however, remain on the file of Writ Petition No. 862/R of 1979.
2. Briefly put, the facts which led to this litigation are, that the land in dispute, was allotted to Kanwar Akbar Ali Khan and others in lieu of their claims. By means of four different transaction, they disposed of this land in favour of Qudrat Ullah and 8 others, in the years 1971 and 1973. On Mukhbari application filed by Abdul Jabbar and others, the learned Settlement Commissioner by his order, dated 19-8-1979 cancelled the allotment of Kanwar Akbar Ali Khan and others, to the tune of 3352 P.L. Units. The letters have brought Writ Petition No. 862/R-of 1979, to challenge the validity of this order, On a variety of grounds.
3. Briefly put, the facts which led to this litigation are, that the land in dispute, was allotted to Kanwar Akbar Ai khan and others in lieu of their claims. By means of four different transaction, they disposed of this land in favour of Qudrat Ullah and 8 others, in the years 1971 and 1973. On Mukhbari application filed by Abdul Jabbar and others, the learned Settlement Commissioner by his order dated 19-8-1979 cancelled the allotment of Kanwar Akbar Ali khan and others, to the tune of 352 P.I.
Units. The latters have brought Writ Petition No. 862/R-of 1979, to challenge the validity of this order.
On a variety of grounds.
4. It appears that in implementation of the order, dated 19-8-1979, the possession of the land in dispute was sought to be delivered to the informers. The orders, dated 1-9-1979 and 2-9-1979 passed by the Deputy Commissioner and the Magistrate Section 30 Sahiwal respectively, in this behalf, have been called in question through Writ Petition No. 1134/R-of 1979, by Kanwar Akbar Ali Khan and others.
5. I have heard the learned counsel for the parties and examined the record. There is an application, dated 27-5-1977 on the file, moved on behalf of the informants, to implead the vendees as a party. This application came up for hearing before the learned Settlement Commissioner on 30th May 1977 but no order to bring the vendees on the record appears to have been made. As they were not impleaded as a party, there was no question of serving them with any notice or to hear them. The learned counsel for the informers, could not lay hand on any record to show that they were served or heard. It being so, the impugned order which obviously, is directed against them, being violative of the principle of natural justice is a nullity in the eye of law. For this reason alone, the said order is liable to be set aside. It is to be seen that the impugned order is unitary in character and setting aside of the same on the vendees writ petition, would enure to the benefit of the allottees as well as.
4. For the foregoing reasons the impugned orders are set aside and the three. Writ petitions aforesaid accepted, leaving the parties to bear their own costs. The case is remanded to the officer notified under section 2(2) of Act XIV of 1975 who shall dispose of the Mukhbari application afresh, in accordance with law, after hearing all the concerned parties. They shall be at liberty to raise any plea, against each other, within the ambit of law. The case shall be disposed of expeditiously preferably within a period of six months.