' This is an appeal against the order dated 13-11-1973 passed by Deputy Commissioner, Tharparkar whereby sanctioned piece 'A' showing an area of 20-7 acres shaded red in sketch at p. 7 of correspondence adjacent to the village Manjhi-jo-Vendhio Makan Mandharo Taluka Nagarparkar in the name of the respondent Gul Muhammad and others for rehabilitation purpose.
2. The facts of the case are already shown in the impugned order and need not be reproduced here.
3. The counsel for the petitioner mainly contends that the above-mentioned area was sanctioned by the D. C. Vide the impugned order but he subsequently reviewed his order without hearing the petitioner vide Robkari dated 27-4-1974 issued by Mukhtiarkar Nagarparkar. The section 163 (2) (c) of West Pakistan Land Revenue Act clearly provides that no order should.Be reviewed, modified, reversed without affording reasonable opportunity of being heard to the parties concerned. In the present case, the legitimate right of the petitioner is affected by reviewing the order previously passed by the D. C.
4. After hearing the counsel and perusing the impugned order, I come to the conclusion that mandatory provisions of section 163 of the West Pakistan Land Revenue Act have not been properly followed and no reasonable opportunity seems to have been given to the petitioner while modifying his previous order. Consequently I remand the case to the Deputy Commissioner, Tharparkar for fresh decision after hearing the concerned parties. Meantime status quo be maintained i. e. Existing position to continue till first date of hearing given by the Deputy Commissioner, in the matter.