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ALLAH DINO versus YAKUB


Section 6 (2) (3) of the West Pakistan Land Revenue Act, 1967 Section 161 Land Grant Policy, paragraph 6 (2) (3) by a Revenue Officer who does not determine the eligibility of State Land Parties. Shall be guilty of the provisions of Land grant policy additional commissioner's search for eligibility determination was unimaginable

1986 M L D 13(1)

[Board of Revenue Sind]

Before Amir Yusuf Ali Khan, Member, Board of Revenue

ALLAH DINO--Petitioner

versus

YAKUB--Respondent

Case No. S.R.O.A.-168 of 1982-83, decided on 10th February, 1986.

West Pakistan Land Revenue Act (XVII of 1967)--

---S. 161--Land Grant Policy, para. 6(2)(3)--State land--Disposal of- Grant of land by Revenue Officer not determining eligibility of parties, would offend against provisions of para. 6(2)(3) of Land Grant Policy- Additional Commissioner's finding based on determination of eligibility, held, was unexceptionable.

Anwar Baig Mirza for Petitioner.

D.M. Lohano for Respondent.

ORDER

This is an appeal filed against the order dated 5-1-1983 of the Additional Commissioner, Hyderabad Division whereby he has cancelled the grant of respondent and granted the land to the appellant in respect' of S. No. 457 area 7-13 Acres of Deh Morhadi Taluka Badin.

2. Heard the counsel of both sides. The Tapedar is present with the record. Respondent Yakoob has been proved to be the old Hari of the disputed land. The Revenue Officer's order is vague and incomplete. He did not determine the eligibility of the parties properly at the time of disposal. The Additional Commissioner has rightly decided the easel in the respondent's favour.

3. The appeal is accordingly rejected.

A.A. Appeal rejected.

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