' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has been filed by Qutab Muhammad son of Allah Jiwaya, a displaced person from District Ferozepur. His entitlement is stated to have been verified to the extent of 4839 P.I. Units, against which he was allotted lands in various villages of Tehsil Depalpur (now District Depalpur). On 18-10-1979, an application was filed by respondents Nos, 2 to 6 before the Notified Officer alleging that the earlier filed application under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958 for cancellation of the allotment obtained by the petitioner, which was stated to be in excess of his entitlement. During the course of hearing, an objection was raised by the petitioner that as the application has been filed after the repeal of Displaced Persons (Land Settlement) Act, it was not maintainable as no proceedings were pending at the time of repeal. By his order dated 26th February, 1981, which has been impugned in this petition, the Additional Settlement Commissioner overruled this objection.
2. I have heard Mr. Muhammad Aqil Mirza Advocate, appearing on behalf of the petitioner, but no one is present for the respondents, who have already been proceeded against ex parte.
3. Learned counsel for the petitioner has pointed out that in the report and parawise comments submitted by him, respondent No,1 has himself admitted that there was no order for reconstruction of the record of the proceedings taken on the earlier application alleged to have been filed by the respondents, which was stated to have been lost. According to learned counsel, the order is not based upon any evidence but is conjectural in nature.
4. This contention of the learned counsel is well-founded. From the contents of the impugned order itself as also the report, it is clear that the Notified Officer did not make any serious effort to ascertain as to whether in fact any previous application had been filed by the informer which was the cardinal question. Similarly, the Notified Officer should have had traced the record of the previous proceedings, if any, and if the same was not available the reasons for its non-availability should also have been ascertained. In this view of the matter, the order impugned is clearly not sustainable.
' Consequently this petition is allowed, and order dated 26-2-1981 is declared to be without lawful authority and of no legal effect and the case is remanded to the Notified Officer concerned for its decision afresh in accordance with law. He shall in the first instance, determine as to whether any application was pending at the time of the repeal of the Displaced Persons (Land Settlement) Act, 1958, if not, with what effect.
' No order as to costs.