MALIK MUHAMMAD QAYYUM, J-This petition under Article 199 of the Constitution of Islamic Rebublic of Pakistan 1973 calls in question the order dated 23rd of June, 1980 (Annex N) whereby the Deputy Commissioner/Collector Faisalabad rejected the appeal of the petitioner against the order dated 31st of August 1972 of the Administrator Town Committee Samundri.
2. By the order dated 25th January, 1968 the Administrator Town Committee Samundri granted a licence to Sufi Chiragh Ali petitioner over an area 48' x 19' comprising plots Nos.47, 10 and 12 situate in Mandi Bazar Gandanala Samundri over which he raised some construction On 19th September, 1971 the Administrator Town Committee cancelled this licence of the petitioner. This action was challenged by him by tiling a civil suit during the pendency of which he filed an application before the Commissioner Sargodha Division, Sargodha with the request that the licence be restored to him. The Commissioner by his order dated 8th May, 1972 directed that some other available vacant land be panted to the petitioner or licence provided the petitioner withdraws his suit. The suit was withdrawn by the petitioner on 17th May, 1972 (Annex H) with the reservation that it shall be open to him to i.e a fresh suit if need be. The Administrator Town Committee Samundri took the view that as the petitioner had not withdrawn the suit unreservedly the condition imposed upon the petitioner by the Commissioner in his order dated 8th May, 1972 did not stand fulfilled, and petitioner was not entitled to pant of any land on licence. This order of the Administrator dated the 31st of August, 1972, was challenged by the petitioner by filing an appeal before the Collector Faisalabad who instead of deciding it himself referred it to the Commissioner Sargodha with the request that he may review his earlier order dated 8th May, 1972. The Commissioner on 1st of October 1974 rejected the appeal filed by the petitioner and directed that the plot in question be allotted to some other deserving person. This order was challenged by the petitioner by filing a writ petition (W.P.
No.1905/74) which was accepted by this Court on 22nd of December, 1979 holding that the Commissioner had no jurisdiction to review the order passed by his pre-decessor nor could the Collector refer the matter for decision to the Commissioner. As a consequence of these findings, it was directed that the appeal filed by the petitioner against the order dated 31st of August 1972 of the Administrator shall be deemed to be pending before the Collector and shall be decided by him.
In the post remand proceedings, the Collector rejected the appeal of the petitioner by means of his order dated 23rd of June, 1980 which has been impugned in this consitutional petition.
3. I have heard Ch. Hamiduddin, and Mr Ahmad Hassan Khan, Advocates for the petitioner. No one has appeared on behalf of respondent No. 1 while Sardar Muhammad Assistant in the office of Commissioner Faisalabad is present on behalf of respondents No. 2 and 3. The arguments of the learned counsel for the petitioner have been heard in the absence of respondent No. 1.
4. From the facts stated above, it is apparent that the order impugned in appeal before the Collector was passed by the Administrator on 31st of August 1972 whereby he had held that the condition imposed by the Commissioner in his order dated 8th May, 1972 had not been fulfilled as the suit had not been withdrawn by the petitioner unconditionally. The Collector, in the impugned order, however completely lost track of this aspect of the matter and instead proceeded to hold that the earlier allotment made in favour of the petitioner was rightly cancelled. This question did not arise in the appeal before him as the earlier order of cancellation dated 19th September, 1971 was no longer in issue between the parties. The order dated 8th May, 1972 passed by the Commissioner had already been become final as none of the parties have impugned it any further.
The only question which fell for determination before the Collector was as to whether Administrator was correct in holding that the condition imposed by the Commissioner in the order dated 8th May, 1972 had not been complied with on which unfortunately there is no finding by the Collector. The order dated 23.6.1980 passed by the Collector is, therefore, not sustainable.
In view of what has been stated above this petition is accepted, the order dated 23.6.1980 passed by the Collector is declared to be without lawful authority and of no legal effect with the result that the appeal filed by the petitioner shall be deemed to be pending before him and other shall now be decided afresh keeping in view the observations made above. The petitioner shall appear before the Collector on 7th June, 1990.
Since the matter has remained pending in different forum for the last 19 years, the Collector is directed to decide the appeal of the petitioner within one month from today. There shall be no order as to costs.