' The facts of the case are that petitioners filed a Mukhbari application against Qadir Bakhsh and others under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958 for the cancellation of land from their names on the ground of misrepresentation and fraud.
2. On 8-3-1981 learned Settlement Commissioner, Lahore dismissed the application of the petitioners on the ground that they were not appearing before him and that in any case they could not produce evidence warranting cancellation of land from the name of original allottee Qadir Bakhsh. Petitioners filed this writ petition challenging this order.
3. Learned counsel for the petitioners states that Mukhbari application is still pending because there was a stay order of this Court dated 6-4-1982 to the effect that the proceedings may continue but no final order will be passed in the meanwhile. Learned counsel submits that no prejudice will be caused to anyone if the petitioners are allowed to participate in the Mukhbari proceedings by setting aside order dated 8-3-1981 of learned Settlement Commissioner, Lahore dismissing in default the Mukhbari application. He strengthens his arguments that it would be in the interest of the Settlement Department if they participate in the proceedings to show that the allotment was obtained by original allottee by fraud and misrepresentation. The contentions of the learned counsel for the petitioners are convincing.
4. In view of above the order dated 8-3-1981 of the Settlement Commissioner, Lahore is declared to be without lawful authority and of no legal effect. The effect of this order will be that the petitioners will participate in the proceedings of Mukhbari application before Settlement Authorities provided the land already cancelled from the name of the original allottee Qadir Bakhsh has not so far been allotted to anyone else.