AMIR HANI MUSLIM, J.- Mr. Masood Noorani, A.A.G, has submitted report in which he has stated that he could examine only 20 entries in the Record of Rights which the Mukhtiarkar Thana Bola Khan has made pertaining to Tappo Kalo Kohar and Hathal Both of Taha Bola Khan. These 20 entries according to the report were prima facie made on the basis of fictitious record/entries which do not have its original source and are untenable in law.
2. This fact has been taken note of by the Senior Member of Board of Revenue who is present in Court and undertakes to order disciplinary and criminal prosecution against the Mukhtiarkar Thana Bola Khan and Tappedars of both these Dehs of the Thana Bola Khan. The Senior Member, Board of Revenue has further made a statement before this Court that the Mukhtiarkar and Teppedars would be without filed posting unless they are exonerated by the enquiry officer and the concerned criminal Court.
3. While hearing the bail application, it surfaced from the record that the government lands are being grabbed in connivance with the subordinate staff of the Revenue Department. This Court ordered notice to the concerned Mukhtiarkar and on perusal of the revenue record it transpired that there were serious legal defects in keeping the entries, as a result of which this Court ordered attendance of the Senior Member, Board of Revenue DCO (Dadu) and other revenue officers besides the Anti- Corruption Officers of District Dadu.
4. The Senior Member, Board of Revenue present in Court states that he has recently taken charge of the office and has planned to computerize the entry Revenue Record of Sindh. He further submits that serious complaints in regard to tampering and forgery in the Record of Rights, have been received by him and he would constitute committees at District Level in order to scrutinize the record after following the procedure provided under the Revenue Act. He states that within four weeks time he would be in a position to constitute the propose committees in all the districts of Sindh and such committees would scrutinize and update the Revenue Record and would submit their reports. On submission of the reports of the proposed Committees appropriate actions would be taken against those officers, who were responsible in forging unde tampering with the record and or rights. He further submitted that he would be issuing directions to the concerned revenue officers of the District to undertake periodical inspection of the Revenue Record in order to avoid tempering or forger of future transactions.
5. The personal file of Mukhtiarkar Thana Boh Khan which has been brought in Court reflects that thrice inquiries were conducted against him and he was penalize! Twice whereas in one of the enquiry he was exonerated. The report of the enquiry officer exonerating Mukhtiarkar is no confidence inspiring, and the Senior Member Board c Revenue would re-examine the enquiry report at his end and shall order appropriate action in accordance with law. Th proposed enquiry against the Mukhtiarkar and Tappedars a directed by this Court in this case would be conducted unde the orders of the Senior Member, Board of Revenue forthwith and the enquiry officers shall submit his enquiry t this Court through Additional Registrar with th actions/penalty proposed against them within 2 months for the date of initiating disciplinary action.
6. During the proceeding it has also been notice that the record of Deh Sonwalhar was sealed and during such orders of sealing, the record was mutated on the bas of sale certificates and even the Mukhtiarkar Thana Bol Khan has done it. The Senior Member, Board of Revenue will direct some responsible officer to scrutinize entire record of Deh Sonwalhar in order to rectify forgeries as per law within a reasonable time.
7. The DCO (Dadu) further that the- record of De Sonwalhar is still not de-sealed. He, on enquiry from th Court could not answer as to who ordered sealing of th record, lt appears that a Division Bench of this Court ha ordered de-sealing of the record of Deh Sonwalhar of which was a Member.
The entire record of Deh Sonwalhar earner be sealed by any administrative order as it deprives th public in general from obtaining the certified of their private looks in the said Deh. There is no provision under the Land Revenue Act, which authorizes the Revenue Authorities to order sealing of the entire record of Deh Sonwalhar, I, therefore, order that if such record was not de-sealed, the same be de-sealed forthwith, lt would however the opened to the revenue authorities to scrutinize and or rectify and or up-date the record but at the same time the sealing order which is prima facie outside the jurisdiction of the Revenue Authorities is set aside.
8. The Senior Member, Board of Revenue shall submit compliance report to this Court within three months of the communication of this order through Additional Registrar. Copy of this order be communicated to the Chairman Provincial Anti-Corruption Establishment Sindh for transmitting the directions to the relevant quarters. Noncompliance of any of the directives contained in this order would expose the concerned officers to contempt proceedings.
9. Lt has been noticed during hearing that the Anti-Corruption Police who has authority under law to prosecute the Revenue Officers subject to sanction by the administration head, are exceeding their authority by holding inquiries on anonymous applications and spy reports. The law does not authorize Anti-Corruption police to entertain any application of any private person in respect of private land. If a complaint of a private person pertains to an entry of land, which is not owned by the Government, is allowed to be entertained, it would amount to usurping the powers of Revenue Authority provided under the Sindh Land Revenue Act 1967. The Officer of the Anti-Corruption can only take cognizance in those matters in which the Government land is involved and they have no authority to determine dispute in regard to entries pertaining to private lands nor the law authorize them to entertain any complaint in regard to title dispute between the private parties. The authority of Anti-Corruption Police is confined to investigate into the entries kept in respect of Government lands and dispute in regard to the private lands are subject to jurisdiction of the Revenue Authorities and or of the civil Courts.
10. Ln future the Anti-Corruption Police is directed to stay its hands while entertaining complaints of privet persons in regard to any entry in revenue Record belonging to the private person, ln future any cognizance by the Anti- Corruption Police over private disputes would expose them to criminal prosecution for abusing their powers. However, they can entertain complaints in respect of Government lands subject to sanction by the administrative head of the Revenue Department or by the Chief Secretary Sindh as the case may be.
11. The Senior Member Board of Revenue is directed to instruct the relevant District Officers of the Revenue Department provide attested copies of the Revenue Record which is needed for the purposes of the investigation as it has been complained that the custodian of the Revenue Record do not co-operate with the Investigating Officers of the Anti-Corruption Department. However, in future original record would not be given to the Investigating Officer nor could they seal the Revenue Record, ln case if the custodian fails to provide any information or record to the Investigating Officer of the Anti-Corruption, he may approach the next immediate revenue Officer under the law.
12. The show-cause notice issued to the DCO Dadu is also discharged as he has put in appearance and has stated that his absence on the last date of hearing was due to the sad demise of his mother-in-law.
13. Before parting with the order I must record my appreciation for the assistance provide by Mr. Masood Noorani, learned Additional Advocate-General in scrutinizing the revenue record and procuring other relevant information to safeguard Government interest.