' This is an appeal against the order dated 25-10-1972 of the Additional Commissioner, Sind cancelling the grant of S-Nos. 180 and 860 of Deh Hazaro Taluka Kandhkot, made in favour of the petitioner on harap conditions and ordering that the disputed land should be granted to deserving haris of the deli.
2. Heard the parties and perused the impugned order. It reveals that the grant was cancelled mainly on the ground that the petitioner was a contractor and not a hari. But at the same time it also depicts that one of the petitioner is entered at Sl. No, 86 of the voters list of the Deh Hazaro and he is shown as hari. On the other hand the counsel for the respondent is not able to establish that the respondent is hari and resident of the Deli so as to be eligible for the grant of the disputed land.
It appears that he has been set up by someone as alleged by the petitioner. The respondent also seems to be not aggrieved with the impugned order as he has not agitated against the same.
Since the petitioner is shown as hari of the Deh, his being a temporary or petty contractor does not disqualify him from being a hari because he is originally a hari and then something else. The respondent Mircho was also not found eligible for the grant of the land by the Additional Revenue Commissioner, Sind and he ordered fresh disposal of the disputed land.
3. In the circumstances; there was no justification in cancelling the grant of the disputed land already granted to the Petition on harap conditions, merely on the grudge application made by a person who was himself not! Qualified for the grant. I, therefore, set aside the impugned order and restore! The grant of the disputed land to the petitioner Ali Hassan. His appeal is accordingly upheld.