Law:

Section:

Natural justice, principles of--- ----Violation---Portion of land duly allotted to original allottee was subsequently cancelled from his name and was allotted to allottee of other land to make up deficiency in his allotment---No notice admittedly was ever sent to original allottee before depriving him of his allotment---Such cancellation of allotment was void ab initio in circumstances. JUDGMENT Petitioner, Amir Khan, Sepoy (retired soldier) was allotted a piece of agricultural land measuring 243 Kanals and 1 Maria situated in Kasur Khas under the orders of General Headquarters vide Memo. No.7778/451/WR-I dated 19-6-1971. Possession of the said land was handed over to the petitioner for cultivation purposes. Case of the petitioner is that he deposited a sum of Rs.387 in the Government Treasury on 27-5-1972 towards the payment of price and another sum of Rs.10 was deposited by him vide Annexures `C' and `D'. It is contended that the petitioner is a regular allottee of the land and that it was never cancelled by the competent Authority, namely, General Headquarters from his name. However, in the meantime, land measuring 292 Kanals and 9 Marlas was allotted in the name of contesting respondent No.1 to make up the deficiency in his allotment of land. It is argued by learned counsel for the petitioner that no opportunity of hearing was afforded to the petitioner when he was deprived of some portion of his land. Attention of the Court has been drawn to various orders from the record which indicate beyond doubt that no notice was ever sent to the petitioner on his correct address to appear and defend his case. It appears that on the basis of doubtful proceedings, the entire land was cancelled from the name of the petitioner. A statement has been made by contesting respondent No.1 that only a portion of the land of the petitioner has been given to him for making up deficiency in his allotment. He. states that he is in cultivating possession of the land and that he has improved upon the quality of the land by making huge investment of money and labour. 2. Ch. Muhammad Rafique Khan, learned counsel for the Border Area Committee has appeared with original record and…

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