' This is a revision petition against the order, dated 8-7-1976, passed by the learned Commissioner, Sukkur Division, whereby he cancelled the grant of the petitioners in respect of 20-19 Acres of land out of U. A. No, 560 of Deh Old Gachero, Taluka Moro and remanded the case to the Assistant Commissioner for fresh disposal.
2. The facts of the case briefly stated are that the disputed land was granted to the petitioners being bona fide residents of the Deh and self-cultivators, in open Katchery held by the Assistant Commissioner, Moro on 9-2-1973. The respondent filed an appeal against this grant before the Deputy Commissioner, Nawabshah which was dismissed as time-barred on 2-7-1973. Thereafter, the respondent preferred another appeal before the learned Commissioner, Sukkur Division, who cancelled the grant and remanded the case to the Assistant Commissioner for fresh disposal.
Hence, this revision petition.
3. Heard the counsel for the parties and perused the impugned order. The counsel for the petitioners argued that a further appeal does not lie to the learned Commissioner in this case and there was no necessity for remanding the case for fresh disposal as the land was granted to the petitioners in open Katchery who have preferential right over the grant. They are the resident of the Deh and self-cultivators. Whereas the respondent is residing in other Deh where he runs a Kiryana shop in Village Agha Sahib, Deh Ghairabad Khakat, Taluka Moro. In support of this contentions he has produced a copy of voters list and a certificate issued by the Mukhtiarkar Moro. On the other hand, the counsel for the respondent is not able to rebut the contentions raised by the petitioners by any documentary evidence.
4. In the circumstances of the case, I have come to the conclusion that the learned Commissioner was not competent to entertain a second appeal under section 161(1) of Land Revenue Act in the matter and there was no justification to disturb the grant of the petitioners. I, therefore, set aside the impugned order. Consequently, the grant made to the petitioners is hereby restored. The revision petition is accordingly upheld.