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2012 YLR 1885

GHULAM QADIR and another vs THE STATE

Citation2012 YLR 1885
CourtSindh High Court
Case No.Criminal Bail Application No.S-4 of 2012
Date2012-03-19
Judge(s)Shahid Anwar Bajwa
ResultBail confirmed

ORDER

1. ' SHAHID ANWAR BAJWA, J.--F.I.R. No.298 of 2011 was recorded at Police Station A-Section Khairpur. It was lodged at a complaint by Reader of Sessions Judge Khairpur. It was stated in the F.I.R. That bail was granted to present applicant No.2 and for the purpose of bail present applicant No.1 submitted documents of surety which documents, were sent to the Mukhtiarkar, who reported that property in question was not in name of the applicant No.l.

2. ' Learned counsel for the applicants submitted that the land in, question belonged to father of applicant No.1 and after death of his father he applied for change of Khata but the concerned Tapedar etc. Though assured him that the Khata had been changed did not actually change the khata. He submits that under the law of inheritance the applicant No.1 became co-owner of the land moment his father breathed his last and recording of change of khata was an administrative act, which was responsibility of Revenue Authoritie, moment information regarding death of father of applicant No.1 was communicated to it.

3. ' Learned D.P.-G. Concedes that father of applicant No.1 has expired and therefore, applicant No.1 by operation of law had become owner of that property and non-recording him in the khata is a fault A which can be put at the door of Revenue Authorities rather than blaming the present applicant No.

1. Therefore, he stated that he had no objection if the bail application is allowed.

4. ' Consequently, this application is allowed and the bail already granted to the applicants vide order dated 3-1-2012 is confirmed on the same terms and conditions.

Cited by 1 case

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