Law: Land Reforms Regulation, 1972

Section: 8

Land Reforms Regulation, 1972 [M. L. R. 1151] ---Para. 8 Adjudication of holdings, declaration for Deputy Land Commissioner, without first determining bona fides or otherwise of petitioner's land by Land Commissioner under paragraph 7, passing orders under paragraph 8, determining petitioner's holdings Order however being void, set aside by a subsequent order, after obtaining permission for review Deputy Land Commissioner, after decision of petitioners cases by Land Commissioner, going ahead with disposal of land of petitioner by acting on order already set aside in review-. Since no determination of holdings of petitioner's land made under paragraph 8 of Regulation, action of Deputy Land Commissioner on disposing land of petitioner, held, not warranted under law and set aside in circumstances. THIS JUDGMENT DELIVERED BY: S. A. NUSRAT. Justice-------- We propose to dispose of Constitutional Petitions Nos. 120 and 132 of 1976 by this common judgment as the first petition has been filed by Sardar Taj Muhammad Odho and the other by his wife Mo. Marie Irene, and his son and two daughters and the impugned orders relate to the same lands. The facts relating to the two petitions, separately stated are:- C. P. No. 120/76 2. That pursuant to the promulgation of M. L. R. 115, the petitioner filed a declaration disclosing the alienations made by him within the prescribed period. According to the rules the papers 'should have been submitted to the Land Commissioner, Sind for determining the bona fides or otherwise of the alienations under paragraph 7 of Land Reforms Regulation. However, instead Syed Ikramuddin, the then Deputy Land. Commissioner, Jacobobad, issued notice to the petitioner for proceeding with the matter under paragraph 8 of the Regulation. It is alleged that without notice to the petitioners an order dated 30 4 73 was passed by Syed Ikramuddin determining the holding of the petitioner under paragraph 8 of the Regulation. The order was accompanied by two Schedules 'A' and 'B' indicating the details of land to be retained and resumed respectively out of the holding of the petitioner. In doing so Syed Ikramuddin did not allow any copies of land to be made by…

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