Law: Sind Land Revenue Code (V of 1879)

Section: 778, 179

  P L D 1957 W. P. (Rev.) 74       (a) Sind Land Revenue Code (V of 1879)------   ------Ss. 778, 179 -Objections put in by owner of laid-Deputy Collector should stay his hand and request Collector to pass final order Party laying claim to land should be given adequate opportunity for making his claim clear.   (b) Revision-----   -----Clear injustice caused to particular party Interference justified.   ORDER   H. A. MAJID, J.---------Mushtaq Ahmad (minor) has through his father, Dr. Jamil, put in this petition for revision against the order of the Commissioner, Hyderabad Division, dated 2nd December 1955, rejecting his appeal against the order which the Additional Collector, Hyderabad. had passed on 17th June 1955. The latter order was to the effect that the sale, by auction of some land belonging: to Dharam Chand (respondent No. 1) which had been carried out by the Deputy Collector, Tando Muhammad Khan, on the 10th, 11th and 12th March 1955, should be set aside. The area offered for sale was 197 acres 27 ghuntas and the highest bid had come from the present petitioner at the rate of Rs. 304 per acre against the upset price of Rs. 299 per acre.   It appears that the Deputy Collector, who carried cut the original auction in March 1955 actually confirmed the sale on 14th April 1955. The Additional Collector passed his order dated 17th June 1955, after taking into account the order which the Deputy Collector had passed earlier. It can, therefore, be assumed that the Additional Collector considered the Deputy Collector's order as a nullity. In fact, a Deputy Collector is not authorised to confirm a sale in a case where an objection has been raised within the specified time, The Sind Government Resolution No, R-796-F dated the 13th November 1940, lays down that the powers of a Collector, which could be exercised in a Sub-Division by the Deputy Collector, should not include questions of setting aside of a sale under sections 178 and 179 of the Land Revenue Code. The Deputy Collector's order dated 14th April 1955, mentions that the owner of the land, which had been offered for sale, had put in an objection. The…