' ABDUL HAFEEZ MEMON, J---Leave counsel for the petitioners contended that the appeal filed by the petitioners before the Appeal Board involved important questions, including interpretation of para. 11 of the N.-W.F.P. Building Regulation, 1985, affecting the rights of the petitioners, but the Appellate Tribunal decided the appeal without hearing the petitioners. Learned counsel in this connection referred to the decision of the Appellate Board contained in pages 51, 52 and 53 of the paper-book and the notice appearing at page 76, which appeared to support his contention.
Having so submitted, learned counsel further stated that he would be satisfied if the petitioners are given due opportunity of hearing and the matter is decided after considering the contentions urged by their counsel at the hearing.
2. Mr. Akbar Swati, Advocate-General, N.-W.F.P. Is present and in reply he submitted that in the circumstances pointed out by the learned counsel for the petitioners, he would agree that the appeal needs to be decided afresh after hearing the petitioners and their counsel and had no objection to the matter being remanded for the purpose. Submission made by the learned Advocate-General is only proper and reassuring. Agreeing, therefore, with both the learned counsel, the impugned order passed by the Appeal Board is set aside and the matter is remanded to the Appeal Board for deciding it afresh after hearing the petitioners and their counsel according to law and regulations pertaining to the matter. The appeal may be decided expeditiously, preferably, within one month. The petition is disposed of with the above observations.