' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment passed by the learned Judge in Chambers whereby the Constitution Petition filed by Ilam Din son of Lal Muhammad against the order of the Additional Settlement Commissioner, was allowed to the extent that it related to the allotment of respondent No, 1.
2. The claim form No, 374 was filed in the name of Ilam Din, respondent No, 1, which was verified for 140 PI units. As respondent No, 1 was not traceable, no allotment was made although the claim form was first entered at Khata No, 1840 of RL-II register of village Bado Ratta, Tehsil and District Gujranwala. It is stated that this claim form was taken to village Kot Chian, - Tehsil Hafizabad, District Gujranwala and entered at Khata No, 150 of RL-II register showing entitlement of 1048 PI units on which allotment was procured in different villages. One Munawar Ali filed a Mukhbari application and after investigation by order dated 30-12-1968 the entire claim and allotment in village Lundanwala Kot Beilla and Kot Nizam Din in Tehsil Hafizabad, District Gujranwala procured in the name of respondent No, 1 was cancelled. The petitioner had also filed a Mukhbari application against the allotment measuring 55 Kanals 12 Marlas procured at Khata No, 110 of RL-II register of village Thatta Jahad Amirwala, Tehsil Hafizabad. After probe it was discovered that the land was fraudulently allotted in the name of Fajja at Khata No, 117, of RL-II register and therefore the Additional Settlement Commissioner by order dated 7-6-1977 cancelled the allotment of both Ilam Din as well as Fajja having been procured by fraud and misrepresentation. Ilam Din respondent No, 1 did not challenge the order dated 7-6-1977. Ruknuddin and others who had purchased the land from Fajja challenged the order dated 7-6-1977 through Writ Petition No, 1221-R of 1977, which was accepted on 25-4-1983 and the case was remanded to the Notified Officer for decision on the question of entitlement/allotment of Fajja in order to find out whether in fact the allotment made in his favour was in accordance with law or it was fraudulent and bogus. After remand the Additional Commissioner/Settlement Commissioner, Gujranwala by order dated 23-12-1985 held that the allotment in the name of Fajja son of Rahim Bakhsh of village Thatta Jahad Amirwala, Tehsil Hafizabad was got double-allotted and antedated in collusion with the revenue staff during the pendency of the Mukhbari application and as such the said Khata was bogus and the earlier order dated 7-6-1977 was maintained by him. He also held that the allotment procured in the name of Ilam Din was also product of fraud. Ruknuddin and other vendees challenged this order in Writ Petition No, 44-R of 1986, which was dismissed for default on 18-6-1988. Ilam Din through Malik Sultan Ahmed, as his attorney, challenged the order dated 23-12-1985 passed by the Additional Commissioner:/Settlement Commissioner, Gujranwala in Writ Petition No, 135-R of 1986 and by the impugned order the petition was allowed holding that the remand was made to investigate about the entitlement and allotment of Fajja only and not Ilam Din and therefore while accepting the petition it was declared that the order dated 23-12-1985 is without lawful authority and of no legal effect to the extent that it holds the allotment of Ilam Din to be bogus and illegal.
3. The learned counsel for the petitioner contended that the order has been obtained by misrepresentation and concealment of facts behind the back of the petitioner, who did not appear due to non-service of notice on him. The learned counsel further contended that the entitlement and allotment of Ilam Din had already been found to be fictitious and bogus and had been cancelled by order dated 7-6-1977, which had not been challenged by him and therefore without disclosing this fact he has obtained a declaration in respect of an order which had become final.
Leave is granted.