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INAYATULLAH versus ADDITIONAL COMMISSIONER, HYDERABAD


West Pakistan Land Revenue Act 1967 Section 164 Land Grant Policy, Para 6 Amendment Jurisdiction, Exercise of land granted to the applicant in 1964, grant of revoked grant without issuing showcase notice to the Board of Revenue in grant With the instruction restored the applicant. Attempts to bring under cultivation and meet all other grant terms

1986 M L D 2362

[Board of Revenue Sind]

Before Amir Yusuf Ali Khan, Senior Member

Hav. INAYATULLAH--Petitioner

versus

ADDITIONAL COMMISSIONER, HYDERABAD and another--Respondents

Case No.SROR-335 of 1981-82, decided on 8th May, 1986.

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

---S.164--Land Grant Policy, para. 6--Revisional jurisdiction, exercise of--Land granted to petitioner in 1964--Grant cancelled without issuing of show-cause notice--Board of Revenue in exercise of revisional jurisdiction restored land to petitioner with direction to grantee to make efforts to bring same under cultivation and fulfil all other conditions of grant.

Anwar Baig Mirza for Petitioner.

ORDER

This is a revision petition filed against the order, dated 6-1,0-1981 of the learned Additional Commissioner, Hyderabad whereby he rejected the appeal of the petitioner in respect of B. Nos. 284 and 54 area 32-00 Acres of Deh Akaro, Taluka Tando Bago and maintained the order of Revenue Officer, Kotri Barrage, Hyderabad, dated 11-6-1980.

2. The counsel for the petitioner, the representative of the M.F.R.O. and the Revenue Officer, Kotri Barrage, Hyderabad, are present and have been heard. The land is shown to be with the petitioner. The cancellation was done by the Revenue Officer, Kotri Barrage, Hyderabad simply on the recommendation of the M.F.R.O. without issuing any notice to the petitioner. It is a grant of the petitioner since 1964 and 'some instalments have been paid. The land is mostly under water.

3. I hereby allow the revision petition and restore the land under dispute in the petitioner's favour. He should make efforts to bring it under cultivation and fulfil all other conditions of grant.

A.A Grant restored.

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