Law:

Section:

(a) Sind Land Revenue Code-------   ---Review-Not provided for by Code.   (b) Government land-Auction-------   --Publicity through Schedule not adequate-Order can be set aside in revision, if interested persons had no notice of sale.   ORDER   This is a revision petition of Moula Bakhsh against Addi tional Commissioner, Hyderabad's order, dated 21st September 1962, whereby, virtually on review, he reversed his order, dated 26th May 1961 on the appeal of Haji Hamid Ali in which he had confirmed C. O. S. B.'s order, dated 3rd November 1960, putting the four acres of the land in dispute to auction between the parties. The Additional Commissioner has in his impugned review orders, debarred the petitioner from bidding in auction on the ground that, at the time when he recorded his offer on 23rd November 1959, he was holding 302 acres of land and was, therefore, not entitled to get any land, as his holding was in excess of 240 acres. In view of the fact that strangely enough, there is no provision for review in the Sind Land Revenue Code, the Additional Commissioner ought not to have reversed his own order, dated 26th May 1961. If he felt that that order required modification, he ought to have referred the case to the B, O. R. for necessary amendments in the exercise of their revisional jurisdiction.   I have carefully considered what the proper orders in this case should be. During thecourse of the hearing one Umed Ali submitted a miscellaneous application pleading that he had only recently come to know that the four acres in dispute, which were lying in his and his co-sharer's direct Mohag, were being disposed of and, as no publicity was made among the Mohagdars, he would not offer for the same and that he may be made a party to these proceedings. I allowed this prayer in view of the fact that I consider that the condition:: obtaining in rural areas are such and the special. interests of Mohagdars and people, who have developed the lands on eksalo leases, arc so well recognised in the Southern Zone, that publicity through Schedules cannot necessarily be taken to be adequate notice to these classes, whose preferential claims…