1. ' AJMAL MIAN, J.--This petition is directed against the order dated 28-2-1976 passed by respondent No,1, setting aside the order of the Additional Chief Land Commissioner and restoring the order of the Land Commissioner, Sind. The brief facts leading to the filing of the above petition are that the petitioner had applied for grant of Surveys No,71/4 (which according to the petitioner was mentioned as 71/2 by mistake) arid Survey Nos. 248/2 and .437, Situated in Deli Soof shoro, which were resumed under M.L.R 64 being part of Jageer Lands. The petitioner was granted 12 acres land i.e, Block No,148/2, 4 acres. Block No,71/2, 4 acres. N.C. No,437, 4 acres.
2. ' Respondents No,1 being aggrieved by the above grant filed an appeal, which was dismissed by the Deputy Land Commissioner, Sind by his order dated 17-4-1974. Respondent No,2 then went in revision (Case No,51-2-Application-LC/74) which was allowed by 'the Land Commissioner, Sind, Hyderabad by his order dated 18-7-1974 on the ground that respondent No,2 had preferential right being landless Hari in cultivating possession. The petitioner being aggrieved by the above order filed an appeal, which was allowed by the Additional Chief Land Commissioner, Sind by his order dated 14-10-1975. Against the above order respondent No,2 went in revision, which was allowed by respondent No,1 through the impugned order dated 20-10-1976. The petitioner being aggrieved by the above order has filed the present petition. It may be observed that respondent No,1 has chosen not to contest the above petition. Whereas nobody has turned up for respondent No,2, though intimation for the date of hearing was sent to him on 21st April, 1984.
3. 2.We have noticed from the impugned order that respondent No,1 has not adverted to the questions, namely, that admittedly respondent No,2 had not applied for the land in question nor he has considered of the question of limitation as respondent No,2's appeal was dismissed by the Deputy Land Commissioner, Thatta the ground of limitation. We are, therefore, inclined to allow the above petition with no order as to costs. The impugned order is, therefore, declared as being without lawful authority and of no legal effect, but the case is remanded back to respondent No,1 with the direction to decide the case afresh after notice to the parties after adverting inter alia to the above aspects.