MUHAMMAD SAEED SHEIKH, Member (Judicial-V) - Muhammad Hayat Khan petitioner has filed this revision petition against Sana Ullah etc. Respondents feeling aggrieved by an order dated 5.1.2005 passed by Executive 1 District Officer (Revenue), Khushab.
2. Counsel for the petitioner contended that application for demarcation moved by respondent was defective as it did not mention khasra number owned by Muhammad Hayat and this fact has been mentioned in the order of DDO(R) dated 10.4.2004. That he was not heard while proceedings were conducted by revenue staff hence the orders are defective. That the DDO(R) accepted the appeal of the petitioner on the ground that application was not according to rule and he remanded the case to Tehsildar for fresh decision.
3. Counsel for the respondent argued that during the demarcation proceedings two sons of the petitioner were present and Lumberdar was also present and respondent has filed application for demarcation of his property on which Mosque is constructed on. 4-kanals of land donated for the Mosque.
4. Heard, . Record perused. Report from the DO(R) has been received as per direction of this Court whereby he has recommended for re-demarcation to meet the ends of justice. Both the counsels have agreed to the proposal of DO(R). In view of above, the revision petition is accepted. The impugned orders of EDO(R), Khushab, dated 5.1.2005 are set aside. The case is remanded to DO(R) to get the demarcation made under his supervision by a competent revenue' officer in the presence of parties preferably within a period of three months.