' In a word, the facts are that the petitioner, Mehr Din, is a claimant displaced person. An evacuee agricultural piece of land was allotted to the petitioner by the learned Deputy Settlement Commissioner on 12-5-1966 it lieu of his claim. The said order was incorporated in the RL-II vide Annexure `13'. An application was given by the petitioner for the implementation of the aforesaid order dated 12-5-1966 in the Revenue Record. The Assistant Commissioner, Faisalabad on 28-6- 1979, passed an order whereby the application of the petitioner was dismissed. The order of the learned Assistar Commissioner was assailed before the learned Additional Commissioner by way of appeal which was heard and dismissed on 3-9-1981. It was held by the learned Additional Commissioner that no injustice was done to the petition in the consolidation operation. It was observed that the order of the Settlement Authority could not be implemented in the Revenue Record.
2. On repeated calls no one appears on behalf of the contesting respondent despite service. It appears that the respondent is not interested to contest this petition before this Court. This being so, the respondent would be proceeded against ex parte.
3. After hearing the learned counsel for the petitioner and the learned Additional Advocate- General, I hold that the view taken by the learned Member (Consolidation) Board of Revenue, is wholly misconceived inasmuch as the authorities acting under the provisions of Consolidation of Holdings Ordinance, 1960, were bound to act upon the orders passed by the competent authorities.
The case is that the order dated 12-5-1966 passed by the Deputy Settlement Commissioner in favour of the petitioner has not been implemented and that it has to be complied with in the Revenue Record in accordance with law. It was specifically observed by the learned Deputy Settlement Commissioner that the land in question shall remain in possession of the petitioner. The petitioner, therefore, had the right to request the Consolidation Authority to include this piece of land in his consolidated holding. In this view of the matter, direction shall issue to the respondents Nos.2 to 5 to immediately act upon the order dated 12-5-1966 having been passed by the Deputy Settlement Commissioner according to law. This is an old matter and as such, a compliance report shall also be sent by the Consolidation Officer to this Court through the learned Law Officer. The petition accordingly succeeds and is allowed leaving the parties to bear their own costs.