' AJMAL MIAN, J.-The petitioner through this petition has impugned the orders, dated 20th November, 1974, 31st December, 1974, 2nd April, 1975, 21st March, 1977 and 17th July, 1978 passed by the Deputy Land Commissioner, Sukkur, the Land Commissioner, Sukkur, the Chief Land Commissioner, Sind and the Federal Land Commissioner, Rawalpindi. The brief facts leading to the filing of the above petition are that the petitioner obtained allotment of agricultural land, measuring 237.34 Acres situated in Guddu Barrage Area, under the Government of West Pakistan's Scheme for "Sale of Agricultural Land to Retiring and Retired Government Servants. It seems that the petitioner had also paid first instalment namely, Rs, 11,892.50 towards the total price of Rs, 1,35,843 apart from making certain payment towards development charges. The balance price was to be paid in 9 equal annual instalments alongwith 6% interest thereon. It further seems that after promulgation of M.L.R. 115, (hereinafter referred to as the M.L.R.) the petitioner being a Government servant filed a declaration under para. 4 of the M.L.R. For retaining 100 acres as was permissible under the M.L.R. If further seems that by a notification, dated 7th August, 1972 issued by the Sind Land Commission applications in form L.R. VII were invited which were to be filed by 20th August, 1972 for availing of additional area of land on account of owning a tractor or a tube-well. The petitioner instead of filing the L.R. VII by 20th August, 1972 filed the same on 29th September, 1972.
The above form was accepted by the Deputy Land Commissioner, Sukkur by his order, dated 30th September, 1972. Consequently, the petitioner was allowed to retain an additional area of 16.20 acres. However, it seems that this order was revised by the Additional Deputy Land Commissioner, Sukkur on 20th November, 1974 (wrongly typed as 20th December, 1974 in the impugned order). The above order was maintained by the Land Commissioner, Sukkur by his order, dated 2nd April, 1975 whereby the petitioner's appeal was dismissed against the above order, dated 20th November, 1974. After that the petitioner filed a regular revision before respondent No, 1, which was dismissed by the impugned order, dated 17th July, 1978. The petitioner being aggrieved by the above orders has filed the present petition.
2. In the above impugned order, dated 17th July, 1978 it has been held that the petitioner was not entitled to the concession on account of owning a tube-well, for the reason that he failed to file L. R.
VII within the specified time and that para. 8 of the M.L.R. Was not applicable to the petitioner as he was covered by para. 10 of the M.L.R. Being a Government servant, which did not contemplate any concession on account of owning tube-well or a tractor.
However, in the present petition first time the petitioner has raised the plea that being a retired Army Personnel, he was not covered by para. 10 of the M.L.R. In support of his above contention, he has brought on record inter alia a letter, dated 11th April, 1983 issued by the Army Head Quarter, Indian Military Branch, stating therein, that the petitioner had resigned from service from the rank of 2nd Lieutenant. This fact was also averred by the petitioner in his letter, dated 9th May, 1972 addressed to the Secretary, Land Commissioner, Board of Revenue, Government of Sind, in which he requested for waiver of the balance price of the above land and the balance of the tractor hiring charges.
3. We are not inclined to examine the merits of the above new plea. In our view, it will be just and proper to remand the case to the Federal Land Commissioner with the direction to hear the petitioner on the above new plea. We accordingly remand the case to the Federal Land Commissioner with the direction to decide the above new plea after notice to the petitioner in accordance with law.
' In the circumstances of the case, there will be no order as to costs.