1990 SCMR 1364 SUPREME-COURT

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SULTAN MUHAMMAD VS CHAIRMAN, FEDERAL LAND COMMISSION Settlement of Immovable Property Disputes (Dir and Swat) Regulation 1972--RGLN. , Settlement of Immovable Property Disputes (Dir and Swat) Regulation 1972 ----Para.2(a)---Constitution of Pakistan (1973), Art.185(3)---Ownership of specified chunks, of agricultural land---Petitioners'claim as owners of that land rejected by inquiry Commission---In execution proceedings taken by respondents, petitioners were not impleaded as parties---Petitioners, to avoid eviction from disputed land filed Constitutional petitions before High Court but to no avail--Leave to appeal---High Court was required either to have sent for the comments of concerned official to satisfy itself about the claim of petitioners that they were owners in possession of land in question or else to have admitted Constitutional petition with notice to respondents to file their written statements---High Court did not deem it fit to adopt said procedure and instead dismissed Constitutional petition in limine---Petitioners were neither impleaded as respondents, before Federal Land Commission nor at any stage of proceedings before other functionaries---Petitioners were not even aware of the proceedings taken against them---Petitioners were thus clearly condemned unheard because in Constitutional petition they had claimed to be owners in possession of land in question---Finding recorded by High Court being based on no evidence petitioners must be held to have been prejudiced in respect of their valuable rights in immovable property---Counsel, for parties having consented that judgments of High Court as also all the orders passed by functionaries of Government be set aside and cases be referred back to Inquiry Commission for fresh disposal, Supreme Court remanded the case to Inquiry Commission with direction to issue notices to petitioners before proceeding with the cases.