' RAJA MUHAMMAD SABIR, J.---This Constitutional petition is directed against the order of A.C./Collector, Notified Officer, dated 14-9-1999, passed in pursuance of remand order of this Court, dated 23-8-1999 in W.P. No,3899 of 1999.
2. Precisely the facts necessary for the disposal of this petition are that petitioner earlier filed W.P.
No,3899 of 1999 against the order of A.C./Collector, Kot Adu, dated, 30-4-1999 and 1-5-1999 which were declared without lawful authority and the case was remanded to A.C./Collector, Kot Adu but inadvertently through a clerical mistake along with A.C./Collector, the word "Notified Officer" crept in the remand order, dated 23-8-1999. The A.C./Collector, Kot Adu assuming himself as a Notified Officer dealt with the case in that capacity in post-remand proceedings and passed the impugned order which has been challenged by the allotted/petitioner through the instant writ petition. The petitioner has also filed R.A. No,31 of 1999 seeking review of the order, dated 23-8-1999 passed in W.P. No,3899 of 1999. It may also be mentioned here that Muhammad Munir Khan and his two brothers who claimed to be the vendees from the allotted (petitioners) filed W.P. No, 41-R of 1991 which was dismissed by this Court in limine on 19-10-1999 against which they have preferred I.C.A.
No,213 of 1999 but the same has been withdrawn today.
3. The instant writ petition was admitted to regular hearing on 8-2-2000 at the Principal Seat but under the orders of Humble Chief Justice, this Special D.B. Has been constituted for hearing of this writ petition, R.A. No, 31 of 1999 and I.C.A. No,213 of 1999, therefore, all these matters have been taken up together and are being disposed of.
4. Learned counsel for the petitioner contends that A.C./Collector, Kot Adu, after remand of the case, has wrongly assumed the jurisdiction of a Notified Officer on the basis of a clerical mistake in the remand order, dated 23-8-1999 passed in W.P. No,3899 of 1999. He was not competent to scrutinize allotment of the petitioner after repeal of Displaced Persons (Land Settlement) Act, 1958.
The impugned order is, therefore, illegal and without jurisdiction and liable to be quashed. He has prayed that the case be remanded to A.C./Collector, Kot Adu, for its decision afresh in accordance with law.
5. Learned A.A.-G. Does not oppose the prayer of the petitioner. He submits that since it was not a pending matter as defined under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, the A.C./Collector was not competent to exercise the powers of a Notified Officer. He was in fact misled by an inadvertent clerical mistake crept in the remand order.
6. Respondents Nos.4 and 5 have not entered appearance in spite of service. They are, therefore, proceeded ex parte.
7. Arguments heard and record perused.
8. We have today disposed of the Review Application No,31 of 1999 by omitting the word 'Notified Officer' in the impugned order, dated 23-8-1999. Through a clerical mistake the word 'Notified Officer' was also added to word A.C./Collector in the remand order which provided basis to the Collector for wrongly assuming the jurisdiction of a Notified Officer. He was not competent to scrutinize allotment of the petitioner and act as a Notified Officer after of Settlement Laws through Act of 1975, being not a pending matter before him as laid down by the Supreme Court in Muhammad Siddique v. Mst. Hawabai and 5 others (1986 CLC 54), Khalil-ur-Rehman v. Assistant Custodian (Survey), Evacuee Property, etc. 1987 CLC 2590, Sher Afzal Khan and others v. Haji Riaz Abdullah and others (1984 SCMR 228), Haji Habib v. Haji Muhammad and another (1981 CLC 543), Headmaster, Muslim High School and another v. Mst. Asghari Khanam and 2 others 1984 SCMR 332, Raja Hassan Akhtar and others v. Akbar Khan and others 1981 SCMR 503, Mst. Iqbal Siddique v.
Assistant Settlement Commissioner (Urban) and others PLD 1984 Lahore 291 and Mst. Asghari Khanam v. Maj. Iqbal Cheema and 3 others (PLD 1982 Lahore 596). The impugned order, dated 14- 9-,1999 is, therefore, coram non judice and hereby declared as illegal and without lawful authority.
' Consequently, the writ petition is allowed, the impugned order is set aside and case is remanded to A.C./Collector, Kot Adu for decision afresh in the light of observation made in the remand order after affording opportunity of hearing to all concerned parties. He shall, however, not exercise the powers of a Notified Officer.