' The present appeal has been preferred on 26-6-2002 against the order, dated 9-5-2082 passed by the Executive District Officer (Revenue), Nawabshah whereby he has filed the appeal of Muhammad Haroon (appellant) due to his deliberate absence on the dates of hearings.
2. Brief facts of the case are that appellant Muhammad Haroon was allotted the Plots bearing Nos.25 and 50 in his name situated in village Allah Bux Kubar under the Sindh Gothabad (Housing Scheme) Act, 1987 (hereinafter to be referred as the Act 1987) and Sanads were issued accordingly.
Subsequently, it was found that he had obtained these double allotments/Sanads by furnishing wrong information and consequently the allotment/Sanad in respect of Plot No,50 was cancelled and the said Plot No,50 was allotted to Muhammad Achar son of Shafi Muhammad Kubar (brother of the appellant). The appellant filed appeal before the Commissioner, Sukkur Division (defunct) who vide his order, dated 13-12-1998 set aside the order of the then Deputy Commissioner, Nawabshah and remanded the case to the then Deputy Commissioner, Nawabshah on the ground that the appellant before the cancellation of his double allotment was not afforded opportunity of being heard. The then Deputy Commissioner, Nawabshah reheard the case and decided the same vide his order, dated 17-8-2000 in the following manner:-- .
"I, therefore, cancel the previous allotment of Sanads in respect of Plots Nos.25 and 50 and further order re-alloting Plot No,50 to Muhammad Achar son of Shafi Muhammad Kubar and subdividing Plot No,25 and allotting it to Ali Akbar, Muhammad Khan, Mushtaque Ali and Muhammad Salah all sons of Muhammad Achar Kubar within an area of 1500 sq. Ft. Each as per site possession and rest an area of 2000 sq. Ft to Muhammad Haroon son of Shafi Muhammad Kubar and 700 sq. Ft. Under common street. Sanads of plots accordingly be issued to parties concerned."
3. Being aggrieved by the above order of the then Deputy Commissioner, Nawabshah, the appellant filed an Appeal No,132 of 2001 before the Executive District Officer (Revenue), Nawabshah under section 9 of the Act, 1987 which he decided vide his order, dated 9-5-2002. The operative part of the said order is reproduced as under:-- "The appellant called absent. The respondent called present. From perusal of the case, it appears that the appellant mostly has remained absent, whereas the respondent has even present time and again from 9-9-2000 to 9-5-2002. However, the appellant continuously remained absent on the last three dates without any intimation/application but the respondent remained present.
Therefore, I am of the view that the appellant has lost his interest and remained absent deliberately, I, therefore, order to file the case."
4. Heard the parties at length and perused the papers minutely. The present appeal is filed by the appellant against the order, dated 9-5-2002 of the learned Executive District Officer (Revenue), Nawabshah under section 9 of the Act, 1987. The section 9 of the Act, 1987 as amended vide clause
(a) part-II of the Schedule read with section 2 of the Sindh Laws (Amendment) Ordinance, 2001, read as under:-- "9(1) An appeal shall lie to the District Officer (Revenue) of the District from any order passed by any officer under this Act and to the Executive District Officer (Revenue) from the order passed by the District Officer (Revenue) not being an appellate order of the District Officer (Revenue).
(2) Appeal under subsection (1) shall be heard and disposed in the manner as may be prescribed."
5. It would be seen that the order of the Executive District Officer (Revenue), Nawabshah is passed under section 9 of the Act, 1987, which is final and no further appeal against the said order before the Board of Revenue is provided to in the Act, 1987. Obviously no appeal lies against the order of the Executive District Officer (Revenue) which is passed by him under section 9 of the Act, 1987.
6. The present appeal being incompetent before the Board of Revenue, Sindh, is dismissed.