Law:

Section:

Keywords: Impugned Order, Registered, Set Aside, Allotment, Sale Deed, Land, Possession, Costs, Lands, Rehabilitation, Cancellation, Allottee, Bona Fide, Order, State Land, Natural Justice, Consideration, Rehabilitation Authority, Board Of Revenue, Remand, Survey, Petition, Notice, Revenue Record, Opportunity Of Hearing, Office, Authorised Officer Result: Order accordingly JUDGMENT ABDUL HAFEEZ MEMON, J. The facts forming the background of this petition are that agricultural land bearing Survey Nos. 15412, 3 & 4, 154/1-4, 194/4 and 195/1 & 2, and measuring about 30 acres, situated in deh Pabban, Taluka Khipro, district Sangbar, were surrendered under the M. L. Rs. 89/91 by the allottees Nasir Hyder and Aijaz Ahmed sons of Ahmed Mushtaq and one Mst. Aijaz Fatima. As the said allottees failed to exercise their option of re-purchasing the surrendered land, it was opted by the respondents 3 to 6 as tenants and they deposited the purchase price in the treasury through the challans as far back as in the years 1962, 1964 1966, 198 and 1973. Thereafter, the aforesaid survey numbers were some how allowed to the respondent No. 7 Nasir Hyder by the Rehabilitation Authorities on 13th October, 1972 against his claim. Nasir Hyder paid the rehabilitation fee and got the revenue record mutated in his name. Thereafter, Nasir Hyder sold said survey numbers to the petitioners on 27th November, 1972 through his attorney Ghulam Ali Shah under a registered sale deed and revenue record was also mutated in the names of the petitioners. On coming to know of the allotment of their land to Nasir Hyder, respondents 3 to 7 moved an application before the Assis tant Commissioner/ Deputy Settlement. Commissioner (Lands) Sanghar for cancellation of the allotment of the survey numbers in question to Nasir Hyder. The application was rejected by the Assistant Commissioner and the respondents went in appeal before learned Deputy Commissioner/Additional Settlement Commissioner (Lands) Sanghar who issued notice to the attorney of the allottee Nasir Hyder only. By his order dated 9th May, 1973, the Deputy Commissioner/Additional Settlement Commissioner (Lands) held that since the land was…

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