Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 199---Principles of natural justice---Violation---Effect---Land under disputed survey numbers which was in possession of petitioners as lessees thereof, was treated as evacuee and through Rubkari prepared by Authority, disputed survey numbers, were deleted from names of petitioners without serving them any show-cause notice and without hearing them---Order of Authorities below passed in absence of aggrieved parties and without hearing them was declared to be illegal by High Court in exercise of Constitutional jurisdiction. JUDGMENT AJMAL MIAN, C.J.---This petition is directed against Rubkari dated 22-5-1980 and order dated 10-3-1979 made/passed by respondents 2 and 1 respectively. The brief facts leading to the filing of the above petition are that the present petitioners filed an application before the Additional Deputy Commissioner, Hyderabad, alleging therein that Survey Nos. 379/2 and 382/2, situated in Deh Bhit Shah were wrongly treated as evacuee property and were illegally allotted to one Aziz, who is now represented by respondents 4 and 5. The above application was disposed of by the Additional Deputy Commissioner by his aforesaid impugned order dated 10-3-1979, in which it has been held that factually the above two survey numbers were evacuee and were recorded as such. It appears that in pursuance of the above order, Mukhtarkar Hala, respondent 2, prepared impugned Rubkari, whereby, he deleted not only the above two survey numbers but also Survey Nos. 245 and 382/5 without serving any notice to the petitioners. The petitioners being aggrieved by the above Rubkari and the aforesaid order, have filed the present petition. In support of the above petition, Mr. M. Sharif Khattak, learned counsel for the petitioners, has contended that…

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