Abdul Hamid and Ghulam Hussain sons of Fazal Ahmad, fathers of petitioner Nos.2 and 1 respectively and Muhammad Shafique and Muhammad Siddique sons of Fazal Karim petitioner Nos.3 and 4 were allotted an areas measuring 258 Kanals 7 Marlas m Village Sadhoki Tehsil and District Lahore Cannt. Excepting 19 Kanals 9 Marlas, the rest of the land was allotted to others.
Consolidation in the village has taken place. The petitioners have filed the afore--titled Constitutional petition saying that their deprivation of 238 Kanals 18 Marlas is without lawful authority and the proposed auction of the said land was illegal.
2. A report was called for. 1t is stated therein that the area of 238 Kanals 18 Marlas was allotted to somebody else. The consolidation has taken place. As regards the prayer of the petitioners that they should be allotted land for the area of 238 Kanals 18 Marlas allotted to others wrongfully and that the land is available as mentioned in Annexure 'E', it is stated m the report that as regards the availability of Evacuee land mentioned in Annexure 'E' this area has not so far been allotted to any claimant and is still available. If the authorities have deprived the petitioners of their allotment, they are obviously bound to make good the loss to the petitioners, especially when the land is available.
In this view of the matter, it is directed that the shortfall of the petitioners' allotment of 238 Kanals 18 Marlas shall be made good from the available land. The petition is allowed with costs to be borne by respondent No.1. The petition is accordingly, disposed of.