' This is a petition for review of the order, dated 2-7-1978- passed by the learned Member (Relief and Settlement) Board of Revenue, Sind, Hyderabad whereby he rejected the revision petition of the petitioner in respect of B. Nos. 145/1 to 4, 146/1 to 4 and 147/1 to 4 of Deh Garabad, Taluka Mirpur Sakro, District Thatta.
2. The facts of the case are that the petitioner was originally granted the land in question for Kharif 1963-64. The grant was cancelled from Kharif 1976-77 on account of infringement of the terms and conditions of the grant, vide order, dated 6-7-1976 of the Revenue Officer, K. B. Hyderabad.
Subsequently the land was disposed of in open Katchery to the respondent on 16-2-1977. The petitioner applied to the Revenue Officer, K. B. Hyderabad for restoration of her grant on 23-6-1977 and the grant was restored to her by the Revenue Officer vide his order, dated 27-8-1977. The respondents preferred appeals against restoration of her grant, which were upheld vide order, dated 28-2-1978 of the Additional Commissioner, Hyderabad. She preferred a revision petition which was rejected vide the impugned order hence the review petition.
3. Heard the counsel for the parties. The grant of the petitioner was cancelled without adopting the due procedure prescribed by section 24 of the Colonization of Government Land (Punjab) Act, 1912 and was not, therefore, proper. Besides the land was disposed of to the respondents without the due notice to the petitioner who was the previous grantee, as required by Para. 15 of the Land Grant Policy. In view of this position, neither the cancellation of the grant of the petitioner nor its disposal to the respondents was proper and as such it would not be in the interests of justice to deny restoration to the lady. The review petition is accordingly upheld and the grant of the lady in respect of the disputed land is restored to her, subject to usual terms and conditions as prescribed in the Land Grant Policy/Rules/ Instructions on these subject.
Review .