' This revision has been filed against the order passed by the Director G. M. B. Project, Hyderabad on lt-6-1969, rejecting the appeal of petitioner Kehar in respect of S. Nos. 158, 335 to 340 and 342 of Deh Jhalmori, Taluka Tando Bago.
2. Facts of the case briefly are that S. Nos. 158, 335 to 340 and 342 of Deh Jhalmori were granted to the petitioner by the Director G. M. B. Under mechanized cultivation on 17-11-1961. Being dissatisfied with this grant the petitioner went in appeal before the Board of Revenue, West Pakistan, Lahore.
The learned Member, Board of Revenue accepted the appeal and remanded the case to the Director with the directions that the case should be disposed of afresh after consulting the villagers and satisfying their legitimate claims. The Project Director, however, rejected the appeal of the petitioner on the ground that the petitioner was originally resident of Deh Patio Nao where he owned Kabuli land and that he had constructed his houses in the disputed land unauthorisedly after the grant made to the respondent. It is against the above decision of the Director that the petitioner has filed present revision.
3. The parties and their Advocates are present. I have heard their arguments and scrutinized the papers produced by the appeal Mukhtiakar. The Advocate for the petitioner has very rightly argued that the learned Director has failed to carry out the instructions of the Member, Board of Revenue by not consulting the villagers and satisfying their legitimate claims. The decision of the learned Member, Board of Revenue is quite specific in this respect. It did not give any option to the Director to decide whether the petitioner had settled on the disputed land unauthorisedly after its grant to the respondent. He was simply required to consult the villagers whether authorised or unauthorised and satisfy their legitimate claims. He has apparently exceeded his jurisdiction and powers given by the decision of the learned Member, Board of Revenue. I accordingly set aside his order and remand the case to him for taking fresh decision in strict conformity with the directions of the learned Member, Board of Revenue by consulting the villagers and satisfying their legitimate rights, if any.