' NASIR ASLAM ZAHID, J.--The father of the Petitioners Nos.1 to 5 and husband of petitioner No,6, late Syed Nawaz Ali Shah, who died in 1975, was a declarant under M.L.R.115 and he had disclosed certain alienations made during the specified period before the prescribed authorities. The Land Commissioner Sind by his order dated 19-6-1972 declared the two gifts made in the declaration under M.L.R. 115 as bona fide and not void 'under paragraph 7 of the Regulation. The Federal Land Commission raised an objection that the alienations by way of gifts were not valid as statements of acceptance of the donees were not available on record. In these circumstances, the matter was taken up by the Additional Chief Land Commissioner Sind in suo motu revision and after hearing the declarant the two alienations by way of gifts were declared as void and the Deputy Land Commissioner was directed to pass a fresh order about the determination' of the holding of the declarant. The Deputy Land Commissioner accordingly passed the order under paragraph 8 of M.L.R. 115 on 30-8-1974. By this order under paragraph' 8 of M.L.R. 115 the declarant was allowed to retain an area of 332-0 Acres land equal to 120005 P.I.Us and excess area of 71-07 Acres equal to 2500 P.I.Us was resumed to the Land Commission. The declarant filed an appeal before the Land Commissioner who set aside the order dated 30-8-1974 of the Deputy Land Commissioner and ordered that the declarant should be allowed to give fresh choice. The case was then on remand again taken up by the Deputy Land Commissioner but as neither the declarant nor his Advocate appeared for giving option, the Deputy Land Commissioner by his order dated 10-12-1974 ordered that his previous order did not require any modifica tion. Thereafter, an application was moved by the declarant claiming concession of "banjar qadim" in respect of certain survey numbers in Deh Garhar on the ground that these survey numbers had remained uncultivated for more than 12 seasons and no benefit had accrued to him. The Deputy Land Commissioner by his order dated 2- 5-1975 after verification of the relevant revenue record found that an area of 25-12 Acres had remained uncultivated for more than 12 successive harvests and the declarant was entitled to the benefit of 819 P.I.Us and accordingly the declarant's net holding became 402-30 Acres equal to 13670 P.I.Us, out of which the declarant was allowed to retain 12000 P.1. Us and excess 1678 P.1. Us was resumed. In suo motu revision by the Officer-on-Special Duty, Federal Land Commissioner under paragraph 29 of M.L.R.
115, the last order of the Deputy Land Commissioner dated 2-5-1975 was set aside on the ground that ,final determination under paragraph 8 had been done by the Deputy Land Commisioner by his order dated 10-12-1974 and thereafter the Deputy Land Commissioner could not review his order and allow "banjar" concession by his order dated 2-5-1975, as the review powers had come to end vide Sind Land Commission Notification dated 1-1-1975. This order dated 17-8-1976, of the Federal Land Commission is impugned in this constitutional Petition. We have heard Mr. Irnamally Kazi, learned counsel for the Petitioners and Mr. Azhar Ali Siddiqui, learned counsel for the official respondents.
2. It is no doubt correct that review powers had been taken away and even otherwise the Deputy Land Commissioner could not review his order without the penlission'of the Land Commissioner Sind. The fact, A however, remains that the matter had been re-opened in suo motu revision under paragraph 29 of M.L.R. 115 and if under the law the declarant was entitled to "banjar qadim" concession, the Federal Land Commission, after satisfying itself from the record that the declarant was so entitled, should have granted the relief. Mr. Azhar Ali Siddiqui, learned counsel for the Federal Land Commission, concedes that Federal Land Commission should have decided the case on merits once the case had been reopened.
3. The case is remanded to the Federal Land Commission, who will decide the case on merits after hearing the petitioners, The question whether under law the declarant was entitled to concession of "banjar qadim" will be considered and decided on the basis of the revenue records and such other material as the parties may choose to lay before the Federal Land Commission. There will be no order as to costs.