DR. MUNIR AHMAD MUGHAL, J.--- Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners prayed that respondents be directed to correct the revenue record with regard to the suit land in the light of RL-II and any other relief which this Court deems fit in the interest of justice, be granted to the petitioners.
2. Briefly stated the facts are that the predecessor-in- interest of the petitioners were allotted agricultural land measuring 262 Kanals comprising on Wanda No. 63 to Abdul Salam/petitioner No. 1, Wanda No. 64-397 Kanals to Chhajju Khan/petitioner No. 2, Wanda No. 66-282 Kanals to Fateh Muhammad Khan/petitioner No. 3, Wanda No. 65-322 kanals to Sadullah Khan/petitioner No. 4, confirmed on 22.4.65, situated in Mauza Patti Sultan Mehmood Tehsil Kot Adu District Muzaffargarh in lieu of their claims and that the aforesaid allotment has neither ever been cancelled nor questioned any where, meaning thereby the same remained valid and that during the year 1980, consolidation proceedings were initiated in the Mauza without the intimation to the petitioners and aforesaid land of the petitioners was transferred ex parte. Later on, it was transpired that the consolation officers have not even incorporated the name of the petitioners in the revenue record and when they (respondents) were asked to rectify their mistake, they declined to do so, which is evident from the enclosed application addressed to the Minister for Consolidation Government of the Punjab, details have been mentioned therein and that the above act of respondents declining to redress the grievance of the petitioners in the light of RL-ll mentioned above, amounts to failure to exercise jurisdiction vested in them, obliging the petitioners to file the instant writ petition as there is no speedy and efficacious remedy available at the moment .
3. Notices were issued to the respondents for giving their comments but comments have not been filed despite two notices and then the petition was admitted to regular hearing with notice to the respondents to file the written statements on 7.7.1998 and the same was dismissed in default on 22.2.2001, and by filing an application the writ petition was restored on 15.3.2001.
4. Today, nobody has appeared on behalf of the respondents Nos. 1, 2 and 3. They are proceeded ex parte. Respondent No, 4 is present but no comments have been filed.
5. Arguments heard.
6. Admittedly the petitioners were refugees who came in Pakistan in 1947 and they were allotted under the Rehabilitation Scheme of 1965. The areas are as under:- K-H Confirmed on
(1) Wanda 63 Abdul Salam s/o) Ilyas Khan 292-0 22.4.65-
(2) Wanda 64 Chaghu Khan s/o Ghulam Mohyuddin Khan397-0 -
(3) Wanda 65 Nizam s/o Sadullah 322-0 -
(4) Wanda 65 Fateh Khan s/o Geeway Khan282-0 - Total:- 1792-0 - Regular Khatooni of that fact is mentioned in RL-II which is Annex-A and All and Regular Khatooni were issued and possession was given to the petitioners in the year .1980 without notice to the petitioner and the consolidation proceedings were conducted in Deh Tibbi Sultan Mehmood and the area of the petitioners was transferred to other persons who also took possession of the same.
The petitioners came to know of this change and found that the Revenue Staff of Consolidation did not entered the area of the petitioners in the Register Haqdaran and transferred it to the Central Government and even Register jamabandi of Tibbi Sultan Mehmood for the year 1950,51 was not prepared. Learned counsel for the petitioners has submitted that it is clear violation of the Consolidation of Holding Ordinance as the first execution of RL-II was to be made strictly in the light of RL-II. The petitioners moved to the ADC(C) for rectifying the errors on which report was called for and the negligence of the Consolidation Staff was found but the petitioners were refused to remedy their grievance and was advised to seek redressal of the grievance from the competent Court. The matter is not so simple as the valuable right has accrued to the petitioners which could not be undone without notice to them and it is against the principle of natural justice.
7. Resultantly, the writ petition is accepted and the District Collector, Muzaffargarh is directed to call for all the parties, hear them and decide the application of the petitioners regarding errors committed concerning the land in question.