IN THE COURT OF MEMBER (R&S) BOARD OF REVENUE HYDERABAD

Appeal No. of 2011

Abdul Hakeem S/O Mir Alam Brohi R/O Deh Jhip Taluka Daur District Shaheed Benazeerabad .Appellant VERSE
1.

Imam Bux S/O Karim Bux Brohi R/o Village Karim Bux Deh Jhip Taluka Daur District Shaheed Benazeerabad

Defunct Colonization Officer Sukkur Barrage Hyderabad now District Officer (Revenue Estate) District Shaheed Benazirabad.
2. 3. 4. 5.

Deputy District office Revenue Taluka Daur Mukhtiarkar (Estate) District Shaheed Benazirabad Mukhtiarkar (Revenue) Taluka Daur District Shaheed Benazirabad Executive District Officer (Revenue) Shaheed Benazirabad APPEAL U/S 161 OF SINDH LAND REVENUE ACT 1967 Being aggrieved and dissatisfied with the impugned

6.

order dated 1.6.2011 passed by the respondent No 6 (Executive District office (Revenue) Shaheed Benazirabad grant in the name of appellant is cancelled and same is reserved for asaish for village Karim Bux Brohi situated in Deh Jhip Taluka Daur District Shaheed Benazirabad illegally without exercising of Judicial mind and against the principle of natural justice, the appellant prefers this memo of appeal with the humble prayer that this Honorable Court may be

pleased to call for the record and proceedings of case from learned lower Courts and its examination and scrutiny as to its legality, validity, propriety and correctness and hearing both the parties set a side impugned order dated 1.6.2011 of respondent No 6 restore original grant order dated 29.10.1991 passed in favour of appellant on consideration of following facts and grounds mentioned hereunder. FACTS
1.

That appellant is originally Hari class, landless person and residing in Jhip since forefathers.

2.

That

according

to

report

No

835

dated

26.8.2009 of Mukhtiar (Revenue Taluka Daur after verifying land sale Register the area of U.A No. 144 admeasuring 19-35 acres stands entered as

Government land and also entry No 38 V.F VII A as Government Nakabuli land the photo copy of report is enclosed as ( annexure B).
3.

That schedule was prepared wide and publicity made and katchery was held on 29.10.99 photo copy of Rubkari is attached (annexure C)

4.

That appellant was granted 16-00 acres land from U.A No.144 on 29.10.91 in open Katchery such intimation was issued on 29.10.91 photo copy of intimation is enclosed as (annexure D).

5.

That appellant paid Initial deposit amounting to 100/- on 29.10.91 in office of the then Barrage Mukhtiarkar Nawab Shah vide receipt No 019 of Book No 750 the photo copy of attached (annexure E).

6.

That agreement between appellant and the than Barrage authorities was executed on 11.11.91 and possession was handed over to the petitioner by the authorities photo copy of agreement is attached (annexure-F).

7.

That A form No PE-3742 was issued in favour of applicant photo copy is enclosed (Annexure G)

8.

That allotment order was also issued in favour of applicant by the then Barrage Mukhtiarkar Nawab Shah as Zamimon-H photo copy is enclosed as (Annexure H).

9.

That letter No 30 dated 11.11.1991 issued by the then Barrage Mukhtiarkar Nawab Shah to Executive Engineer Nusrat for arrangement of water supply to the grand made in favour of appellant photo copy is enclosed (Annexure-I)

10.

That appellant spent huge amount made the

land fertilize for cultivating purpose and residing in the disputed land and is in cultivating possession and enjoying its fruits.

11.

That

appellant

started

to

pay

the

usual

installments from 1992 photo copy of receipts on account payment of installments are enclosed as Annexure J-I to J-6. 12. That against the grant order from U.A No 144

area16-00 acres of Deh Jhip to appellant dated 29.10.91one Muhammad Afzal S/O Rahim Brohi filed appeal before Additional Commissioner Sukkur-II who vide his order dated 23.6.2001 allowed an area 4-00 acres of land from U.A No 144 and cancelled the 12-0 acres land and reserved for houses,

School, Eidgah of Village settled there (Photo copy of order 13. dated 23.6.2001 is enclosed (Annexure J).

That appellant filed appeal before Member

Judicial Board of Renenue Hyderabad against order of Additional Commissioner Sukkur II, the learned Member Board of Revenue after hearing both the parties set aside the order of Addl; Commissioner-II Sukkur dated 23.6.2001 and remanded the case to Executive Officer Revenue Nawabshah for passing fresh order after hearing the parties and decide the limitation excluding area comes under 20 chains on 24 -6-2004 (Photo copy of order is enclosed annexureL

14.

That from year 2004 to 2007 appellant

appeared regularly on the date of hearing before Executive for District Officer Revenue Nawabshah of decision of case as per order of Member Judicial dated 24.09.2004 and no decision taken place and learned directed Executive District Officer verbally

the appellant get land measured, get be issued, observing the codal

Gathwadh from,

formalities and other

documents.

15. That Deputy District Officer directed vide his letter

No.

264

dated

03.10.2007

to

Survey

Superintendent Khairpur for measurement of land of appellant from U.A No. 144 area 16-00 acres (Photocopy of letter No 264 dated 03.10.2007,

letter No.118 dated 11.09.2007 copy of Challan amounting to Rs.400/- is attached annexure M .N O.
16. That

Ghat

form

vide

letter

No.

721

dated

25.04.2009, issued in favor of appellant (Photocopy is enclosed annexure-D) in which new Survey Member have shown and an area 3-35 acres is

avialble which may be reserved for village.

17. That revised sanction was issued by District Officer

(Revenue & Estate) Shaheed Benazirabad vide No.75 dated 20 May 2009 Photocopy is attached as

(Annexure Q) and L Form was also issued on 10.09.2009 (Annexure-R).

18. That TO Form so was also issued in favor of

appellant by the District Officer Revenue Shaheed Benazirabad by the vide letter No. 82 dated 11.09.2009 Estate District Shaheed

Mukhtiarkar

Benazirbad Photocopy is enclosed (Annexure-S).

19. That in the year 2009 Imam Bux and 09 others filed

Misc Application before District Officer Revenue Shaheed Benazirbad after the lapse of 17 years time barred against grant order out of U.A No.144 area 16-00 acres against the grant pertaining to the year 1991-92 Photocopy is enclosed Annexure-T and in the said application compromise took place between the parties and applicants Imam Bux including others withdraw from the application before District Officer Revenue District Shaheed Benazirbad Photocopy is enclosed as Annexure-T-2.
20. That one Imam Bux S/O Karim Brohi R/O Deh Jhip

Taluka Daur District Shaheed Benazirbad filed 19 years time barred appeal against the grant order out of S. No. 144 area 16-00 Deh Jhip Taluka Daur before the learned Executive District Officer

Shaheed Benazirbad who straight away cancelled grant of appellant and reserved for Aasaish for

village Karim Bux Brohi on 01.06.2011 Photocopy is enclosed Annexure -A hence the appeal on

following grounds:GROUNDS 1. That the impugned Order dated 01.06.2011 passed by the respondent No.6 is opposed to law, facts, equity and the principle of natural justice as liable to be set-asiode.
2. That

respondent No.6 was not empowered to

entertain the 19 years time barred appeal and passed the colorful order under political pressure without condoning the delay of 19 years which is beyond his powers as grant pertains to the year 1991-92 and respondent No.1 has not applied for grant of land not contested the katchery and how has got cause of action to file hopelessly time barred appeal for 19 years.
3. That Respondent No.6 has not verified the record,

status

of

appellant

also

has

not

given

any

consideration that there is no village shown in Deh Map which is authenticated Revenue Record and cogent proof for existing village on the site

Photocopy of Map is enclosed as Annexure-V.

4. That appellant is in cultivating possession since

1991-92 residing in the land enjoying its fruits.

5. That appellant has paid all the installments towards

the grant and TO Form has been issued and status of land has been change as Kabuli land the respondent No.6 has no jurisdiction to cancel the old grant pertaining to the year 1992 and also also being the Kabuli one. 6. That appeal is in time, certified copy of order dated 01.06.2011 is attached with Memo of Appeal as Annexure-A.
7. That

appellant

Advocate

crave

leave

to

urge

further/additional ground as the time of hearing this appeal. PRAYER It is prayed that this Honorable Court may be pleased to allow the appeal and set-aside the order dated 01.06.2011 of respondent No.6 and restore the original grant of appellant pertaining to the year 199192 and direct the Mukhtiarkar (Revenue) Taluka Daur to kept the entry in the record of rights in favour of appellant on the basis of TO Form issued by District Officer (Revenue & Estate Shaheed Benazirabad) without any hindrance). In the meanwhile statuquo order may be granted. The prayer is made in the interest of justice. Hyderabad Sindh (Jessaram B. Dharwai)

Dated. 27.06.2011

Advocate For the Appellant

10

IN THE COURT OF MEMBER (R&S) BOARD OF REVENUE HYDERABAD

Appeal No. of 2011 Abdul Hakeem ..Appellant VERSUS Imam Bux & Others ..Respondents APPLICATION UNDER SECTION 165 OF LAND REVENUE ACT, 1967 It is respectfully prayed on behalf of the appellant that this Honorable Court may be pleased to stay the operation and impugned order till the final decision of the case, on consideration of the averments already surfaced from the memo of Revision.
1. That appellant has got a good arguable prima

facie case and likely to succeed .

2. That the balance of convenience also lies in

favour of the appellant.

3. That unless the stay order is not granted, the

appellant will suffer irreparable loss and seriously prejudiced.

4. That if the stay is not granted the very purpose of

filling the instant appeal will be badly frustrated. This prayer is made in the interest of justice.

Hyderabad
Dated 27.04.2011

ADVOCATE
FOR THE appellant