' This writ petition is directed against order dated 20-5-1974 of the Settlement Commissioner (L), Sialkot whereby he set aside order dated 12-4-1971 of the ADC (G)/Additional Settlement Commissioner (L) Sialkot passed in appeal against order dated 20-6-1969 of the Deputy Settlement Commissioner (L), Narowal.
2. The main ground which weighed with the Settlement Commissioner in recalling the impugned order was that the Additional Settlement Commissioner who took cognizance of the appeal was not assigned the case under section 31 of the Displaced Persons (Land Settlement) Act, 1958.
3. Learned counsel for petitioners contended that assuming that the Additional Settlement Commissioner had no jurisdiction to pass the impugned A order the Settlement Commissioner was required to remand the case to him for disposal on merits after setting aside the impugned order.
There is substance in this submission.
4. Learned counsel for contesting respondents also does not seriously controvert this submission.
At this stage learned counsel for respondents has pointed out that it is an admitted fact that the Additional Settlement Commissioner had passed order dated 12-4-1971 without notice to the respondents and thus they were condemned unheard.
' Learned counsel for petitioners was unable to controvert this contention raised by his adversary. In this view of the matter the order dated 12-4-1971 is also not sustainable under the law.
5. In the result this writ petition is allowed and the order dated 20-5-1974 passed by the Settlement Commissioner and order dated 12-4-1971 passed by the Additional Settlement Commissioner (L), Sialkot are declared to be of no legal consequence.
6. Resultantly, the appeal filed by the present petitioners against order dated 20-6-1969 of the Deputy Settlement Commissioner (L), Narowal will be c deemed to be pending and shall be disposed of, in accordance with law, by the Notified Officer, after providing opportunity of hearing to the parties concerned.
7. There shall be no order as to costs.