' This is a revision against the order of Project Director, G. M. B., Hyderabad, dated 5-11-1969 whereby appeal of the petitioner against the order of Colonization Officer, G. M. B., Hyderabad granting an area of 8 Acres-out.Of U. A. No, 172 of Deh Chak, Taluka Badin to respondent Abdullah on Zamindari tenure on 6-11-1968 was rejected.
2. The Advocate for the petitioner contends that petitioner has already been granted an area of 18.5 Acres in Deh Chak on Harap conditions and that the disputed land which is in his possession should have also been granted to him in order to upgrade his holding as according to the land grant policy a Hari can have land upto 32 Acres in non-perennial area. As regards the disposal of the disputed land to the respondent, he has argued that it was disposed of without proper publicity as it was not printed in the schedule in the first instance but it is afterwards that someone had put it In the schedule in ink without authentication of any officer. He further contends that assuming that the land was included in the schedule in the very beginning even then its grant to the respondent on Zamindari tenure was illegal as it was to be disposed of to Hans and Muhagadars and the respondent has got no judicial Muhag.
3. As against the above arguments of the petitioner, the Advocate for the respondent contends that the disputed land has been granted to the respondent in open kutchery after due publicity through schedule and other means. The petitioner should have objected to its grant in the Kutchery, if he was really interested.
4. After hearing the arguments and going through the record, I find that that the petitioner has no case as he has not been able to produce any evidence regarding his possession over the disputed land or any other right.
Accordingly his revision merits no consideration and is, therefore. Rejected. Simultaneously, it appears that the grant of disputed land to th respondent is also illegal as the land which was meant for Hans and Muhagdars has been granted to him on Zamindari conditions. Besides the respondent has got no judicial Muhag over the disputed piece because the land through which he could claim such right has been purchased by him in 1963. Therefore, the land in dispute is cancelled from the grant of the respondent which may be given to the deserving and genuine persons as per policy.