' This is a revision petition against the order, dated 9-3-71 passed by the Commissioner Khairpur, whereby he rejected the request of the petitioner regarding recovery of lease money/rent from the petitioner in respect of plots of Government land situated in Deh Nizamani, Tapa Lukinan, Taluka Khairpur.
2. The facts of the case are that the petitioners were granted lease of 10 plot for 99 years by Government of former Khairpur State in the year 1955 on payment of rent/lease money. The petitioners paid rent upto 1958. In 1958, they stated that Plot No, 5 was not given to them and their request was accepted by the Commissioner vide his order dated 12-6-1968.
3. The petitioners also requested the Commissioner that they would buy only a part of the land and would relinquish some 109905 sq. Yards, of land. Their request was rejected by the Commissioner, vide his order dated 17-11-1970, as it would have spoiled the situation of the entire plot. The Deputy Commissioner, Khairpur, accordingly required the petitioner to pay the arrears of the lease money/rent. The petitioners preferred a review petition to the Commissioner, Khairpur against recovery of lease money/rent from them on the ground that the area which they wanted to relinquish had never been in their possession but the request was rejected by Commissioner, Khairpur vide the impugned order on the ground that the possession of entire area except Plot No, 5 was with the petitioners.
4. Heard the counsel for the petitioner. He raised the plea that the Commissioner, Khairpur, had entertained the review petition against the orders of his predecessor without obtaining the prior permission of the Board of Revenue in contravention of the provisions of section 163 of West Pakistan, Land Revenue Act, 1967.
5. I have seen the files of the office of the Commissioner. The first order in the case was passed by M. A. Bajwa, C. S. P., the then Commissioner, Khairpur, contained in his Letter No, S-15-2-10-LG/57, dated 12-6-1968. A review application was entertained by Mr. M. S. Chaudhary C. S. P., Commissioner Khairpur vide his order dated 4-1-1971 and was rejected by him vide his order dated 9-3-1971. According to section 163 proviso (a) (1) of West Pakistan Land Revenue Act, 1967, an order passed by the predecessor-in-office shall not be reviewed by the Commissioner without first obtaining the sanction of. Board of Revenue. It appears that no sanction was obtained by the Commissioner, Khairpur, while reviewing the order of his predecessor in this case as required by the above mandatory provisions of law and the impugned order is, therefore, bad in law and is not maintainable.
6. In view of above, I accept the revision petition and set aside the order dated 9-3-1971 passed by the Commissioner, Khairpur, in the above case. The case is remanded to the Commissioner, Khairpur, for fresh decision after affording proper opportunity to concerned parties of being beard.
The permission of the Board of Revenue as required by section 163, proviso (a) (i) of the West Pakistan Land Revenue Act, 1967, to review the order of his predecessor is hereby granted.