' The petitioners are owners of land measuring 16 Kanals and 10 Marlas in village Kot Lakhpat, Tehsil and District Lahore, as is clear from copy of Jamabandi for the year 1967-68 Annexure-B of this writ petition. Vide Notification No, POL-72/739 (4), dated 24th of June, 1972, the aforementioned land bearing Khasra No,850 alongwith certain other land property was notified as a Katchi Abadi under subsection (1) of section 2 of the Transfer of Evacuee Land (Katchi Abadis) Ordinance, 1972 (No,XX of 1972) and provisions of sub-clause (2) of caluse (3) of the Scheme for Disposal of Evaucee Land in Katchi Abadi.
2. The petitioner has challenged the legality and validity of the said Notification through this Constitutional petition. Learned counsel for the petitioner has argued that the land referred to above is owned and possessed by him, therefore, is not available for being declared as a Katchi Abadi further before declaring the land referred to above as a Katchi Abadi, the petitioner was not given opportunity of hearing. Learned counsel has further relied upon a judgment rendered by his Lordship Mr. Justice Mushtaq Hussain, J. Of this Court in Writ Petition No,433-R-1972 and has contended that the same notification was struck down in the said writ petition on the similar grounds as have been urged by the petitioner in support of the present writ petition. Learned counsel for the respondent has admitted that land measuring 16 Kanals and 10 Marlas has been confirmed in the name of the petitioner as back as on 13-4-1960 at Khata RL-1I No,35 of Village Kot Lakhpat. He has not been in a position to controvert the arguments of the learned counsel for the petitioner.
3. I have considered the arguments addressed by' oth the learned counsel and am of the view that notification in the impugned writ petition is liable to be declared as illegal and is without lawful authority and is liable to be set aside on the grounds mentioned by the learned counsel.
Admittedly, the land in question was not available for being declared as Katchi Abadi and no prior notice was given to the petitioner before the issuance of the impugned notification. In view of the above, I accept the writ petition and declare that the Notification No,POL-72/739 (4), dated 24th of June, 1972 qua the land in dispute is illegal and is without lawful authority, of no legal effect and the same is hence set aside. The parties shall bear their own costs.