' These are two counter-petitions against the order, dated 23-12-82 passed by the Additional Commissioner, Hyderabad Division whereby he cancelled the grant of the respondent Shah Baig and remanded the case to the C.
0. S. B. For fresh disposal in respect of S. Nos. 66, 81, 82, 83, 84 of dell Khanhar, Taluka Umerkot.
' Heard the counsels for the parties and perused the case papers. It transpires that the petitioner Shah Baig is recorded liar/ of the deh. The present lease was granted by the C.
0. Sukkur Barrage. The only ground on which the lease was disturbed by the Additional Commissioner, was that the petitioner was a Gangman in Railway Department and was not entitled to get the land on harap conditions. The land in dispute is said to be situated near Railway line. The petitioner Shah Baig claimed that he had been asked to help Railway Department in patrolling the Railway line and he was appointed as Gangman on temporary basis till 14-7-1983, where after his service had been dispensed with. The petitioner is in cultivating possession of the land. There is no provisions of law which prevents a hart to get temporary service. A hari in temporary employment is not debarred for grant of State land on harap rights.
3. The order of the C.
0. S. B. Dated 17-5-82, indicates that the lease was granted to Shah 3aig in open Katchery. His opponent Muhammad Rafique neither applied for grant of the land in dispute at original level nor contested in the catcher. In the circumstances he had got no cause of action and hence no relief could be allowed, to him at this stage.
4. The order of the C.
0. However, indicates that eligibility that the C.
0. Had not applied his judicial mind to determine the eligibility of Shah Baig in the Katchery as required under paragraph 6 of the Land Grant Policy. The genuineness or otherwise of the entries in the Khasra Girdawari in favour of Shah Baig needs to be scrutinized thoroughly.
5. In view of the foregoing position the cases are remanded to the C. O. To scrutinize the case and status of Shah Baig thoroughly under the provisions of Land Grant Policy and decide the case afresh. In case Shah Baig is not found to be a genuine, the land in dispute be disposed of afresh in open Katchery and in that case Muhammad Rafique may also inter alia contest