' This order shall dispose of Writ Petition No,43 of 1991 (Imam Din v. Punjab Province etc.), Writ Petition No,44 of 1991 (Rab Nawaz v. Punjab Province etc.) and Writ Petition No,9156 of 1990 (Mangta alias Abdul Hakeem v. Member (Cons.), Board of Revenue, etc.) as common questions of law and facts arise in these petitions.
2. The petitioners were allotted some land against their claims in the year 1964 in village Mitha Tiwana Janubi, Tehsil and District Khushab. It is argued that petitioners have been deprived of their holdings during consolidation operation. The learned District Collector did not afford any opportunity of hearing to the petitioners while passing the impugned order adverse to their interest. Mr. Farooq Bedar, the learned Additional Advocate-General, has appeared on Court's call.
He submits that there is nothing on. The record to show that petitioners were served with notices sent by the Collector to them. Even the Additional Commissioner (Consolidation) did not hear the petitioners. The contention raised by the learned counsel for the contesting respondents is that information was conveyed to the petitioners by beat of drum in the village and as such service upon them was complete under law.
3. I have heard the learned counsel for the parties at some length. The admitted position in the case is that the petitioners were never heard by the learned District Collector and the learned Additional Commissioner (Cons.) while passing the impugned orders against them. It is contended by the learned counsel that petitioners were entitled to retain the land in dispute. His alternative plea is that if land in dispute is not returned to the petitioners, they may be given some alternate suitable lapd to them in lieu of their claim. After hearing all the learned counsel for the parties and perusing the record, I am of the view that petitioners have been condemned unheard while passing the impugned order against them. Naturally, this would hit the principle of natural justice.
Right of hearing is available to the petitioners under the law. In this view of the matter, the impugned orders are set aside being violative of principles of natural justice. The case is sent back to the District Collector to hear the parties for disposal of the cases on their merits in accordance with law. He is further directed to dispose of the cases on or before 24-4-1991. Parties are direct to appear before the learned District Collector on 28-2-1991.