' This is a revision petition against the order, dated 27-8-1969 of learned Director, G. M. B. Project, Hyderabad, whereby the appeal of the petitioner was dismissed in default for having not been pursued.
2. The facts of the case are that the Revenue Officer, G. M. B. Project granted S. Nos. 42, 30, 280, and 368 area 17-21 acres of Deh Bhano Taluka Badin to respondent Haji Kamil on auction conditions on 15-11-65. On the same date the respondent Abdul Baqi recorded his statement before the Barrage Mukhtiarkar, Badin stating therein that the land in question may be granted to him and the respondent No, 2 Abdul Baqi in equal shares which was allowed by the Revenue Officer, G. M. B. On the very day. On the same day the respondent Haji Kamil recorded another statement before the Revenue Officer, G. M. B. That in case S. No, 42 and 3/21 acres which is adjacent to the village Yusuf Shah, he had no objection if this Survey No, was excluded from his auction grant and reserved for the Asaish of the village. This request of the respondent Haji Kamil was allowed by the Revenue Officer, G. M. B, with the condition that the villagers would pay Malkano for it at the rate of Rs, 260.
Per acre within one month.
3. Accordingly S. No, 42 was excluded from the grant of the respondents. The respondents after execution of Kabuliat obtained Ijazatnama for the remaining land granted to them on auction conditions. The Ijazatnama was issued to the respondents on 30-11-1965.
4. In compliance of the above orders reserving S. No, 42 for the village Asaish, the notices were issued to the villagers for payment of Malkano but the villagers refused to accept the notices as is evident from the record available on the office file of the G. M. B. Project authorities.
5. Later on S. No, 42 which was reserved previously for the Asaish of the village, on the request of the villagers, was again included in the schedule of Hari/Mohagdars in the year 1967 but it could not be disposed of. On 11-6-1968, the respondent No, 1 Haji Kamil made an application to the Revenue Officer, G. M. B. Project that since this S. No, 42 was originally granted to him on auction condition and was excluded from his grant for the reservation of Asaish purpose of village Yusuf Shah subject to the condition that they would pay Malkano of the land but since the villagers have failed to pay the Malkano, the S. No, in question may be granted to him on auction price.
6. On 28-6-1968, notices were again issued to the villagers to pay up the Malkano for S. No, 42.
Being aggrieved with the above notice the petitioner filed an appeal before the Project Director Ghulam Muhammad Barrage, which was dismissed in default for having not been pursued. Hence this revision.
7. Mr. Rasool Bux Abbasi, Advocate for the petitioner, in his argument contended that S. No, 42 under dispute was excluded by the Revenue Officer, G. M. B on the request of the villagers from the land that was taken up by the respondents through auction. The statement of the respondent before the Revenue Officer on the day of auction clearly makes mention that the S. No, 42 was reserved for Asaish and therefore, the condition put by the learned Revenue Officer, G. M. B., that the villagers were prepared to pay Rs, 260 per acre as Malkano was not legally proper as no money is to be paid when any area is reserved for Asaish. According to him the villagers took correct stand and that they were not required to pay the Malkano and therefore, the inclusion of this S. No, 42 again in the schedule of Hari/Mohagdars in the year 1967 was not proper particularly because the Board of Revenue had imposed ban on disposal of land within 20 chains of villages under their order, dated 3-11-1969. He, therefore, urged that this S. No, 42 should be excluded from the grant and that the Revenue Officer was not competent to grant this S. No, 42 to the respondent subsequent to the imposition of ban as this will be deemed a fresh grant.
8.
8.As against that the respondent that he had taken Survey No, 42 alongwith the other S. Nos. In an open auction where the villagers were also present and it was because of the villagers who had insisted that this land should be reserved for the Asaish and they would be prepared to pay the Malkano. He conceded exclusion of this Survey Number from the grant and since the villagers now have failed to pay the Malkano, the original grant in respect of S. No, 42 stands restored and therefore, subsequent ban imposed by the Board of Revenue will not operate in this case.
9. No land within 20 chains was to be disposed of without consulting the villagers. The villagers requested for reservation of this S. No, for Asaish. The condition of payment of Malkano by the Revenue Officer was' not proper as the land was required for public purpose. Therefore, the Si No, should remain reserved for Asaish and expansion of the village without payment of Malkano. The revision is accordingly allowed.