Law:

Section:

Natural justice ---Maxim: Audli alteram partem (no one shall be condemned unheard)¬Notice issued but not served on petitioners Failing herein substituted service effected but petitioners not turning up to contest case -Petitioners, in circumstances, held, cannot be said to have been con¬demned unheard. -[Maxim]. ORDER WAHEEDUDDIN AHMAD, J. This petition is directed against the order of a learned Single Judge of the Lahore High Court in Writ Petition No. 667/R of 1973 dated 26 11 75. By this Order the Writ Petition was dismissed. Briefly the facts leading to the present petition are that petitioners Nos. 1 to 21 are land owners in village Qila Dharam Singh, Tehsil Nankana, District Sheikhupura. It is alleged that they purchased land through registered sale deed and subsequently a mutation was effected in the names of the petitioners on the basis that they are claimants and that they are bona fide purchasers for consideration. The petitioners received a notice that proceedings have been initiated against them under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958 in the Court of Mr. Waheeduddin Rathore, Additional Settlement Commissioner (Land), Lahore. In pursuance of this notice they appeared in the said Court and kept on appearing on various hearings and the case is still pending before the said Officer. It is alleged that during the course of proceedings, the petitioners heard a rumour that their land has already been cancelled on which the petitioners approached the Ilaqa Patwari and obtained a copy of their R. L. II: On the said R. L. Ii the land was still in the petitioners' names, and there was no entry cancelling the same. Petitioners made further inquiries and learnt from the office of the Add]. Settlement Commissioner (Land), Lahore that their land has been cancelled by Order dated 12 8 72 in Case No. 323,/A…

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