1. ' This is a revision petition against the order, dated 11-11-1968, passed by the Additional Commissioner, Hyderabad rejecting the petitioner's appeal regarding Remokal fine of Rs, 504./10 imposing against him for unauthorised installation of a flour mill and construction of godown in S. No, 38 of Deh Dhadh Shah Taluka Tando Allahyar during 1967-68.
2. ' The facts of the case in brief are that the petitioner holds Kabuli S. No, 38 in Deh Dhandhshah. He installed a flour mill and constructed the godown for stock of wheat in an area of about one to two Ghuntas from the S. No, during the year 1967-68 and was Penalized by the Additional Deputy Commissioner, Hyderabad for such unauthorised act for the entire S. No, The petitioner preferred an appeal against that penal action to the Additional Commissioner, Hyderabad who rejected it on 11-11-1968. Hence this petition.
3. ' The learned counsel for petitioner has argued that the S. No, 38 belongs to the petitioner since 1918 and comes under category (a) of section 184(4) of the Land Revenue Act and thereby becomes the owner of the land which he can use for any purpose.
4. The Land Revenue Code, 1879 has been repealed under section 184(2) of the Land Revenue Act, with effect from 1-1-1968. The penal action in the present case has been taken under section 66 of the Land Revenue Code after the date which is without jurisdiction.
5. ' In these circumstances the orders passed by the Additional Commissioner, Hyderabad were not justified. I, therefore, accept the revision petition, set aside the orders passed by the Additional Commissioner and direct that the fine of Rs, 504 imposed may be remitted.