' This is a revision petition against the order dated 1-6-1976 of the learned Commissioner, Sukkur Division rejecting the appeal of the petitioners against the grant of Survey No, 690 (1-27) acres of Deh Khandhra, Taluka Rohri made in favour of the respondent on five years lease from Rabi 1975- 76.
2. Heard the counsels for the parties and perused the relevant case papers on 27-11-1977 at my camp Khairpur when the orders were reserved. It reveals that the disputed land was a pit (Khad) before its conversion from non-agricultural to agricultural head vide Deputy Commissioner, Sukkur's Order No, RB (B)/ 1528/75, dated 3-2-1975. It was so ditassigued on the application of the respondent and recommendations of the subordinate revenue authorities without hearing any other party, on the ground that the same was not required by the Barrage Department. The disputed land was also disposed of on lease without giving wide publicity as required under clause 3 (1) of the relevant land grant policy, vide C. O.'s order dated 18-11-1975. This being the position of the case, it is hardly expected by any body aggrieved who had no knowledge about the passing of these two orders, to file an appeal at the proper time, except of course after acquiring knowledge of the same.
3. Besides the disputed land lies within 20 chains of the village Bodlol Wadhar which is not intersected by any working or Bund and hence its B disposal for agricultural purpose is too against the provisions of land grant policy.
4. Under the circumstances of the case, I am not inclined to agree with the findings contained in the impugned order and set aside the same. It is also ordered that Survey No, 690 should remain as "Khad" and the order of the Deputy Commissioner for its disassignment as well as the order of the C. O. For its grant to the respondent are hereby vacated. The revision petition is accordingly upheld. Parties should be informed.