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2002 CLC 1746

GHULZAR AHMAD KHAN and 2 others vs DEPUTY COMMISSIONER, HAFIZABAD

Citation2002 CLC 1746
CourtLahore High Court
Case No.Writ Petitions Nos.2357, 2211, 2212 and 8325 of 2001
Date2001-10-17
Judge(s)Maulvi Anwar-ul-Haq
ResultOrder accordingly

ORDER

' This order shall decide Writ Petition No,2357 of 2001, Writ Petition No,2211 of 2001, Writ Petition No,2212 of 2001 and Writ Petition No,8325 of 2001.

2. The facts leading to the filing of all these cases have been recapitulated in order dated 12-2- 2001, passed in Writ Petition No,2211 of 2001. The said order be read as a part of this order.

3. The major grievance raised in all these writ petitions by the petitioners, was that they had been deprived of land which, according to them, they have purchased upon the impugned review proceedings without any notice to them and without hearing them.

4. Comments had been-called for in all these cases and the District Collector, Sub-Divisional Collector and Tehsildar have filed the same. I have gone through the report and comments. Some reasons have been given therein for reviewing the mutations and passing the impugned order of cancellation of mutations, earlier attested in favour of the petitioners in this case. However, it has not been denied that neither any notice was issued to the petitioner nor they were heard.

5. Learned counsel for the petitioners contends that notwithstanding the sanction of the review by the competent Authority, review itself has to be conducted by the concerned Revenue Officer in an open assembly, after notice to the parties to be decided after hearing them. This has not been done in this case. All these writ petitions are accordingly allowed and the impugned order reviewing the mutations is set aside. The Collector concerned shall now issue notice to the petitioners for a date to be fixed for hearing and after hearing them and in case they wish to produce some evidence, after recording the same, proceed further in the matter and to decide the same in accordance with law. This exercise be preferably completed within three months of the appearance of the petitioner, pursuant to the notice to be served upon them by the Collector concerned.

6. Meanwhile the possession of the petitioners is not to be disturbed.

Cited by 2 cases

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