' Brief facts of the case are that the consolidation scheme of the revenue estate Qila Satar Shah, Tehsil Ferozwala, District Sheikhupura was confirmed under section 10(4) of the Consolidation of Holdings Ordinance, 1960 on 23-10-1968. Feeling aggrieved certain right holders filed appeals in the Court of the Additional Commissioner (Consolidation) who vide his order dated 9-6-1969 partly accepted some and dismissed the other appeals. Seven revision petitions were preferred before the Member (Consolidation), Board of Revenue, Punjab, who vide his order dated 25-9-1969 remanded the cases to the Additional Deputy Commissioner (Consolidation), Sheikhupura for carrying out the consolidation of the mauza afresh. This order was sent to the Additional Commissioner (Consolidation), Lahore Division vide endorsement No,4675-76-UD, dated 4-12-1969 for implementation. However, this remand order was challenged by way of a writ petition (No,1757 of 1969) which was dismissed by the Lahore High Court on 29-8-1975. The matter however dragged on and ultimately the Additional Commissioner (Consolidation), Lahore Division visited the mauza on 7-1-1987 and heard the right holders. Out of 16 right holders present, Syed Manzoor Hussain Shah, etc. Were opposed to fresh consolidation in the light of remand order dated 25-9-1969. On the other hand some right holders headed by Syed Zamir Hussain Shah were in favour of fresh consolidation. The Additional Commissioner (Consolidation) reported that the remand order could not be made applicable to all the right holders a it was passed after hearing only the impleaded parties in the revision petitions and not after hearing the general right-holders or even, affording any opportunity of hearing to all of them. The Addl: Commissioner (Cons) Lahore Division was advised by the Board of Revenue, Punjab to visit the site and hear the general right-holders and take appropriate action under section 13 of the Ordinance.
2. The Addl: Commissioner (Cons.) visited the village and heard the right-holders in a general assembly on 22-3-1988 at Qilla Sattar Shah, Union Council. 22 out of 23 right-holders representing all the 37 khatas of the Revenue Estate were present and heard. The right-holders including the seven on whose revision petitions the consolidation scheme was annulled, stated in their joint statement that they are not in favour of framing a new consolidation scheme of the village as ordered by the Member (Cons.) in his order dated 25-9-1969 as the possessions in accordance with the consolidation scheme previously confirmed on 28-10-1968 had already been changed.
They unanimously requested that the annulled consolidation scheme may be restored. The Addl: Commissioner (Cons.) further reported that after confirmation of the scheme Missal Haqiat in Settlement Operations had been prepared by the Settlement Authority, and its revision after annulment of the consolidation scheme was directed by the Board of Revenue, Punjab and therefore, these orders may also have to be revised by the Board of Revenue, Punjab on the settlement side if it was decided to review the order dated 25-9-1969 annulling the scheme.
3. A proclamation, informing all the right-holders of the date of hearing i.e. 14-2-1990, was made in the village.
5. Syed Imdad Hussain Shah, Advocate, appeared on behalf of all the right-holders on the date of hearing. He contended that all the right-holders were agreeable to the restoration of the annulled consolidation scheme as the possessions had been changed during the last twenty years and fresh consolidation operation will create legal and other difficulties.None appeared to oppose the foregoing contentions.
6. I have considered the arguments and perused the case record. It is apparent that the remand order dated 25-9-1969, annulling the consolidation scheme dated 23-10-1968 and directing fresh consolidation operations, was passed in seven revision petitions to which all the right-holders of the village were not a party. It is mandatory under section 13 Proviso of the Ordinance, ibid, to afford the affected right-holders an opportunity of being heard before making any order affecting their interest. Since all the right-holders of this revenue estate were neither heard nor given an opportunity of being heard, therefore, the remand order is defective in law and cannot be sustained. During the long course of time elapsing between the remand order and the date of hearing, the situation on the ground has completely changed and the opposing parties in the revision petitions have compromised. Syed Zameer Hussain, one of the right-holders and protagonist of fresh consolidation in the village, submitted an affidavit that he had since arrived at a compromise with other right-holders and, therefore, had no objection to the annulled consolidation scheme.
7. In view of the above circumstances the remand order dated 25-9-1969 is reviewed under section 8 of the Board of Revenue, Punjab Act, 1957 and is set asiie with the net result that the consolidation scheme confirmed on 23-10-1968 is restored. The following revision petitions shall also stand disposed of in terms of the compromise between the right-holders:-
(i) ROR No,1960/1968-69. Ashique Hussain v, Manzoor Hussain.
(ii) ROR No,1961/1968-69. Haider Shah v. Munawar Hussain Shah
(iii) ROR.No,2053/1968-69. Zakir Hussain v. Manzoor Hussain etc.
(iv) ROR No,1963/1968-69. Saghir Hussain v. Afzal Hussain etc.
(v) ROR No,1962/1968-69. Sufia Begum v. Mulazim Hussain etc.
(vi) ROR No,2487/1968-69. Mst. Wazir Begum v. Afzal Hussain.
(vii) ROR. No,1856/1968-69. Mulazim Hussain v. Haider Shah. Etc. ' which means that the individual schemes as confirmed by the Consolidation Officer shall be revived. The Board of Revenue on the Settlement side shall also be moved to review its order dated 7-7-1982 directing revision of the record of rights of this revenue estate.
Review accepted