MUHAMMAD KHALID ALVI, J. - The petitioner has called in question the order dated 12.8.2000 passed by the Additional Commissioner (Rev. & Cons.), D.G. Khan whereby he had cancelled the entire proceedings of consolidation conducted with respect to Mauza Patti Dayya-Chokha, Tehsil Kot Addu under Section 13(3)(4) of the Consolidation Holdings Ordinance, 1960 on the ground of certain malpractices of his subordinate staff, for which he had also recommended action under Civil Servants (E&D) Rules, 1999.
2. The contention of the learned counsel for the petitioner is that the consolidation of the said Mauza was complete and to pass such omnibus order the Additional Commissioner was required under Section 13(4) of the said Act to issue notices to the private land owners which undoubtedly had not been done in the instant case.
3. On the other hand, learned counsel for respondents Nos. 3 and 4 is not in position to controvert this assertion of the learned counsel for the petitioner.
4. In this view of the matter, I have no option but to declare the impugned order dated 12.8.2000 passed by Additional Commissioner (Rev. & Cons.), D.G. Khan, as illegal and without lawful authority. However, the respondent authorities will be at liberty to reconsider the case after giving an opportunity of hearing to the petitioner and other effected land owners and pass any fresh order called for in the circumstances of the case.