KHAN BAHADUR Versus MEMBER, BOARD OF REVENUE

Khan Bahadur petitioner in this constitutional petition has challenged the memo. dated 15‑12‑1986 (Annexure 'N') of the learned Member (Revenue), Board of Revenue, Punjab, Lahore, whereby the land in dispute was declared to be available and was transferred to the Home Department for use of New Central Jail, Bahawalpur, and the Deputy Commissioner, Bahawalpur was advised to correct the entries in the revenue record by mutating the land in dispute in favour of Provincial Government.

2. The case of the petitioner briefly stated is that the petitioner was duly allotted land in dispute against valid pending units under a valid order of a competent officer on the success of the Mukhbari application filed by the petitioner and that the said allotment could not be cancelled, withdrawn or annulled after the repeal of the Evacuee Laws. As against this the case of the respondent is that the petitioner was neither the Mukhbar nor any competent officer allotted the land to him and R.L. II being relied upon is bogus and forged one. Learned Additional Advocate‑General added that the land in dispute was acquired for Jail Department with the approval of the Central Government in the year 1952 and the land in dispute alongwith other land is in possession of the said Department since Rabi 1961 and as such land did not form part of the compensation pool, the same could not be allotted against verified claim. He, however, conceded that any of the Officers including learned Member (Revenue) Board of Revenue in the enquiries held did not provide opportunity of hearing to the petitioner before issuing the impugned memo. and before coming to the conclusion that Khan Bahadur fraudulently manoeuvred to get the allotment through a bogus SADAKAT NAMA

3. Admittedly the petitioner was neither afforded an opportunity of hearing nor he was associated in the enquiries statedly held by Officers culminating into the, issuance of the impugned memo. The impugned memo. cannot, therefore, be sustained as the same was issued in violation of the principles of natural justice. The memo. dated 15‑12‑1986 issued by the learned Member (Revenue) Board of Revenue, Punjab, Lahore, is hereby declared to be without lawful authority and hence of no legal effect. This judgment will however, not debar the learned Member (Revenue) Board of Revenue, Punjab, Lahore from holding a fresh enquiry in accordance with law and if any such enquiry is instituted the petitioner will be served with the statement of allegations and the evidence which is being relied upon to substantiate the allegations and the parties will be afforded reasonable opportunity of hearing. The petition is accepted in the above‑stated terms with no order as to costs.

H . B . T . / K‑97 / L Petition accepted