CH. KHURSHID AHMAD, J.---The petitioners had challenged the orders of Member, Federal Land Commission passed on 25-11-1976 vide which Mutations -Nos.52 and 53 of Mouza Wahan Dharam Singh, Tehsil Depalpur were held to be never validated by any forum and under M.L.R. 115, such alienations were void ab initio unless validated because the sales were to the strangers. The Federal Land Commission ordered that Mutation Nos.52 and 53 regarding alienation of land in the names of Muhammad Rafique and Haji Allah Ditta petitioners shall be void. This writ petition was admitted on 22-10-1977. Sufficient opportunities were available to the respondent to file the written statement. The same was not filed despite notice by this Court on 18-1-1995 and 15-2-1995 and it was noted on 5-6-1995 that the written statement having not been filed the writ petition shall be decided on the material available.
2. It has been contended by the learned counsel for the petitioners that the land admeasuring 203 Kanals, 8 Marlas in Mauza Wahan Dharam Singh, Tehsil Depalpur were duly considered under declaration in Form LR-1 filed by Muhammad Akram son of Asad Ullah Khan and it was held that the possession of the land throughout remained with Muhammad Rafique and Allah Ditta petitioners; they were also paying the land revenue and other cases to the State. The Mutations Nos.52 and 53 as such were accepted as genuine and were held valid.
3. The petitioners have also produced order passed by, Land Commissioner, Multan Division passed on 12-6-1972 on the declaration of Muhammad Akram Khan aforesaid. The total declaration of Muhammad Akram Khan declarant was considered and in the said declaration the sale in the name of the present petitioners were found to be valid.
4. The Land Commissioner while disposing the remand case again declared said transfer invalid vide order dated 30-11-1972. Aggrieved of the said order the declarant filed an appeal in the Court of Chief Land Commissioner, Punjab, Lahore. The Chief Land Commissioner vide his order dated 29- 6-1973 declared the transfers involved in Mutation No.48 Village Fazal Garh, Tehsil Pakpattan as valid. On perusal of orders dated 29-6-1973 it becomes clear that with mutation of exchange No.48 having been held as valid the disputed sale also stood validated. Disputed and admeasuring 203 Kanals, 8 Marlas was transferred to the petitioners through Mutations Nos.52 and 53 which was acquired by the vendor through exchange with the area under Mutations Nos.47 and 48.
5. The land was mortgaged in the name of Muhammad Rafique and Allah Ditta petitioners against Rs.66,000 vide Mutations Nos.49 and 50 and subsequently Sale Mutations Nos.52 and 53 were effected as ---beh tahafuz zamin---.It was held by the Deputy Land Commissioner, Sahiwal vide order dated 7-1-1974 that the original owners i.e. Muhammad Rafique and Allah Ditta remained in possession throughout and on the same ground Land Commissioner, Multan Division, Multan passed the order dated 27-2-1974 declaring Mutations Nos.52 and 53 as genuine.
6. These mutations were further looked into by the Deputy Land Commissioner, Sahiwal and vide order dated 15-4-1975 were declared valid.
7. In view of the above the impugned order of Federal Land Commissioner dated 25-11-1976 and any/all order/implementation consequently thereof is also declared to be without lawful authority and without jurisdiction.
8. There shall be no order as to costs.