1. ' SYED SAEEDUDDIN NASIR, J.---C.M.A. No,14127/2014. This is an application filed by the defendants Nos. 2(a) & 2(b) i,e, Senior Member, Board of Revenue and Secretary, Land Utilization Department, Government of Sindh, under section 24-A General Clauses Act, 1897 read with Section 151, C.P.C.
2. Praying therein that the defendant Nos. 2(a) & 2(b) may be allowed to withdraw the application under Order XXIII Rule 3, C.P.C. Signed and filed on behalf of the aforesaid defendants. The aforesaid defendants have further stated in the said application that the same is made to enable the present incumbent in the office of Member (Land Utilization) Government of Sindh, defendant No,2(b) herein, to take any future decision in the matter by exercising powers reasonably, fairly, justly and for the advancement of the purposes of law and to save the government interest.
3. ' Mr. G.N. Qureshi, appearing for the defendant No, 2(b) has vehemently argued that it has now been brought into the knowledge of the defendant No,2(b), that FIR against the plaintiffs and some delinquents Government Officers, on the complaint No,254/2007, was decided to be lodged in the above said meeting headed by the then Chief Secretary/Chairman ACC-I, held on 28-11-2012, while the application under Order XXIII Rule 3, was singed and consent thereto, was given in the light of an investigation report submitted by the E&I Department Government of Sindh dated 26-3-2008 and the earlier investigation report dated 18-6-2009, submitted by the Anti-Corruption Establishment Sindh Karachi. Since the present incumbent Member, Land Utilization Department, Government of Sindh, has recently assumed his charge and it is now incumbent upon and mandatory for him to act fairly and justly in accordance with the available facts and the prevailing laws, he may be allowed to withdraw the application under Order XXIII Rule 3, and the final fate of the case be decided on merits, in the light of written statement and the relevant facts brought before this Court.
4. ' The learned counsel for the plaintiffs Khawaja Shamsul Islam has referred to the Counter Affidavit filed by him on behalf of the plaintiffs to the aforesaid application wherein in para-4 the plaintiff has stated that the application under section 24-A, General Clauses Act, 1897 is not maintainable and the provisions contemplated by the said sections do not provide for withdrawal of any application, which has been signed and filed by the Predecessor of the present incumbent in the office of defendant No,2(b) Member (Land Utilization) Government of Sindh which is binding upon all the Successive incumbents once signed by their Predecessor in the office. The learned counsel has further argued that section 24-A of General Clauses Act, 1897, which is a federal statute, is applicable to Federal Government and not the Provincial Government. He next contended that there is a statute namely Sindh General Clauses Act, 1956 but neither this Act has any such provision as section 24-A nor the same Act provides for any procedure for moving such an application and in such manner as has been done by the so-called present incumbent in the office of Member (Land Utilization) Government of Sindh. The so-called plea taken by the present incumbent in the office of Member (Land Utilization) Government of Sindh, that aforesaid application has been made to enable him to save the Government interest is on the face of it not only based on mala fides but also amounts to backing out from the Lawful actions of his Predecessor, which is not permissible under the Law of estopple. The learned counsel next contended that the defendant No,2(a) 2(b) have been debarred from filing their written statement and no written statement filed by these two defendants has been taken on record by this Court.
5. ' The learned counsel for the plaintiffs further contends that so-called minutes of meeting dated 28-11-2012 and the investigation report dated 26-3-2008 are already matter of record of Anti-corruption Establishment and admission have been made by the defendant Nos. 2(a) & 2(b) in-para-5 of their written statement filed in the above suit in which it was clearly mentioned that the investigation and enquiry conducted by Anti- corruption did not fix any charges against and/or allegation and no loss was caused to the Government, besides there was no substantial evidence available to proceed further in the matter, hence permission was sought to close the so-called enquiry, investigation and case, as mentioned in the written statement of defendants Nos. 2(a) and 2(b). This Court, after examining the facts and record available in the file of the above suit, had passed orders for placing the matter before the Committee appointed under Ordinance III of 2001, which committee recommended regularization of the land in question to the plaintiff subject to payment of Rs. 1,99,06,440, which the plaintiff paid and deposited for regularization of land in compliance of this Court and the said report was duly discussed by this Court on 4-8-2014. The so-called report of the Anticorruption dated 26-3-2008 annexed with the answering application is nothing but an eyewash and attempt on the part of the present incumbent Member (Land Utilization) Government of Sindh to deliberately mislead this Court, as the Anti-corruption Department has already submitted a final report dated 18-6-2009 wherein it has been clearly mentioned that the land in question has been allotted to the plaintiff pursuant to this Court's Judgment dated 29-1-1971 passed in C.P. No,301/1965 and now recently in compliance of the orders of this Court passed in the above suit, as stated above, the land has once again been regularized after payment of Rs. 1,99,06,440 being differential of malkano determined, and assessed by the Committee appointed under Ordinance III of 2001.
6. ' Qazi Majid Ali, the learned Additional Advocate General appearing for the defendants Nos.1,3, 5 and 7 has also filed objections on behalf of the defendant No,1(al wherein the defendant No,1(a) has also taken almost same objections against the compromise application as the defendant No,2(a) & 2(b) in the application under section 24-A of the General Clauses Act 1897, which are also not sustainable for the reasons to follow hereafter.
7. ' I have heard the arguments extended by the learned counsel for the parties, perused the documents available on record of the case file and pleadings of the parties, and I am of the considered view that the application under Order XXIII Rule 3 read with section 151, C.P.C., being CMA No,11576 /2014, which is being sought to be withdrawn through the present application by defendant Nos. 2(a) and 2(b) was duly signed by the plaintiff No,3 for himself and as Attorney of the plaintiffs Nos.1, 2, 4 to 8 and 10 to 16, Advocate for the plaintiffs, Advocate for the defendants Nos.1 and 2 as well as Secretary to Government of Sindh, Land Utilization Department and Member ( Land Utilization ) Board of Revenue, Sindh. Not only this, but the Secretary to Government of Sindh, Land Utilization Department, Government of Sindh and Member [Land Utilization) Board of Revenue, Sindh has also affixed the seal of his office on the said application, which made the aforesaid application as complete and ready to be filed on 3-9-2014 and presented the same before this Court on 6-9-2014, which is available at page-83 of the file of the suit. Learned counsel for the defendants Nos. 2(a) & 2(b) has candidly admitted the present position with regard to CMA No,11576/2014 and admits that the same has been executed and signed by the parties thereto including the Secretary to Government of Sindh, Land Utilization Department and Member (Land Utilization) Board of Revenue, Sindh by putting his signature and affixing the seal of his office thereon, who was the then incumbent of the said office. In my A view it is a past and closed transaction made by the Government functionaries in his official capacity and the same is binding on all successive incumbents of that office.
8. ' Learned counsel for the defendant Nos. 2(a) & 2(b) has not been able to satisfy this Court as to how and under what law the Successor incumbents in the office of Member (Land Utilization) Board of Revenue, Sindh can retract the compromise application signed and filed by his Predecessor in the office, which was further authenticated by him by putting the seal of office thereon. I am in fully agreement with the counsel of the plaintiffs that the instant application is nothing more than an arm twisting tactic of newly appointed incumbent in the office of Member (Land Utilization) Board of Revenue, Sindh for ulterior motives and mala fide intentions to pester the plaintiff into submission of his demands.
9. ' I note that in the concluding para in the decision, which is available as Annexure C to the Counter Affidavit at page No,189 of the case File, of Sindh Government Land Committee, held on 16-5-2014 headed by Justice (R) Zahid Durban Alvi as Chairman, discussed the matter at length and also gone through the findings and Recommendation made by the CMIT as well as the Inspector, ACE, Karachi, very minutely, and held the recommendation made by the Chairman CMIT, after having been duly approved by the Chief Minister of Sindh on Summary dated 11-3-2009 floated to him, have attained the status of the Order/directives issued by the Government of Sindh as envisaged in Rule-7 (iii) of the Sindh Government Rules of Business, 1986, and are to be complied with in letter and spirit as orders/directives issued by the Government of Sindh. The Committee also observed that the Chief Minister Sindh, Government of Sindh, has approved that the "land in question", may be offers to the Builders for purchase on a price to be determined by the regularization committee of the Board of Revenue Sindh. In view of above factual and legal position, the committee finally held that the allotment land up to adjust at least 25 acres made in compliance of Judgment of the Hon'ble High Court of Sindh and per allotment order made by the Additional Settlement Commissioner (Law) Karachi July upheld by the Hon'ble High Court of Sindh, Karachi was quite legal whereas the excess area is 03-24 acres which area is to be regularized.
10. ' In pursuance of the aforesaid decision the plaintiff was issued challan dated 18-8-2014 by the Secretary to Government of Sindh, Land Utilization department and Member (Land Utilization)
11. Board of Revenue, Sindh of the differential amount Rs.1,99,66,400 (highest rate of Rs.53,24000 per acre in respect of excess area of 03-24 acres land) situated in Deh Saforan, Gulshan-e-Iqbal, Town, Karachi, which was paid on 16-9-2014 by the plaintiff, same is available as Annexure C/2 to the Counter Affidavit of the plaintiff at page No, 215 of the ease File. I, therefore, see no merits in this application, which has been filed with ulterior motives and mala fidely by the fresh incumbent of the office of Member (Land Utilization) Board of Revenue, Sindh and the same is hereby dismissed with no order as to cost.
2. C.M.A. No,11576/2014. This is an application under Order XXIII Rule 3 read with section 151, C.P.C.
12. Filed and signed by the plaintiff No,3, Advocate for the plaintiffs and Advocate for defendants Nos. 1 and 2 as well as Secretary to Government of Sindh, Land Utilization Department and Member (Land Utilization) Board of Revenue, Sindh has affixed the seal of his office with his signature, which is granted as prayed for accordance with the terms and conditions as contemplated therein. Instant application is disposed of, suit stands decreed in terms of the listed application and office is directed to draw compromise decree in accordance with the same.
13. ' Above are the reasons for the short order announced by me in the open court on 30-10-2014.