' This case has been remanded by the High Court of Sind vide their order, dated 29-1-1985 passed in Civil Petition No. D-273/77 with the direction to issue notices to the affected persons and thereafter to decide the matter afresh.
2. Notices were issued to all the parties concerned. The respondents were represented by their counsel and their General Attorney, Ch. Masud Illahi, Chairman of the Society.
3. The Society was granted 1772 Acres of land equal to 46072 P.I.Us. In 1964 by the Government. Out of the said grant 1620 Acres were to be allotted to its members for agricultural purposes, 88 Acres were reserved for artisans and 64 Acres for Abadi. As the Society is a "person" as defined in para. 2(7) of M.L.R. 115, Deputy Land Commissioner, Hyderabad vide his order, dated 14-6-1972 allowed the Society/declarant to retain only 12000 P.I.Us. And resumed the excess area of 30120 P.I.Us. Treating the Society as one person and disgarding its members as individual owners. The Society had made as many as 68 alienations by way of allotments to its members within the crucial period i.e. 1-3- 1967 to 20-12-1971. Being aggrieved against this decision the declarant filed an appeal before Land Commissioner who vide his order, dated 19-8-1972 set aside the order of Deputy Land Commissioner, dated 14-6-1972 and remanded the case to the Deputy Land Commissioner for fresh decision with the direction that all allotments made by the Society should be scrutinized under para. 7 of M.L.R. 115 as laid down in Sind Land Commission Notification, dated 10-8-1972.
Deputy Land Commissioner vide his order, dated 17-2-1973 validated 66 alienations to the extent of 1572 Acres and passed no order regarding two alienations at S.No. 54 and 56 (mentioned in his order) since after the exclusion of the area involved in the valid alienations, the declarant was left witn an area less than the prescribed limit.
4. The Land Commissioner took up the case himself and vide his order, dated 14-6-1973 set aside the order of Deputy Land Commissioner, dated 17-2-1973 on the ground that it was in contravention of the provisions of M.L.R. 115 as the Deputy Land Commissioner had himself exercised the powers of the Land Commissioner under paragraph 7 of the Regulation. The Land Commissioner declared 68 alienations (enumerated in his order) as valid on the ground that the Society had made the allotments before 20-12-1971. On a report of Federal Land Commission Inspection Team the case was taken upon suo motu side in the Federal Land Commission and vide the impugned order, dated 14-12-1976 transfers in favour of 38 persons (enumerated in the order) were held to be void. It was held in the impugned order that according to Land Commissioner's order itself Ijazatnamas were issued by the Barrage Mukhtiarkar Golarchi in favour of 30 allottees only and that no Ijazatnama was issued in favour of as many as 38 allottees and that no allotment could be considered valid and genuine unless Ijazatnamas were issued by the G.M. Barrage Authorities in favour of the allottees.
5. The record of the case has been examined thoroughly and counsel for the respondents has been heard. Head of the Federal Land Commission Inspection Team contended that since the allottees in question were not issued Ijazatnamas by the Director, G.M. Barrage Project, Hyderabad, in terms of his letter, dated 17-7-1969 they could not claim to be legitimate allottees of the Society's lands and the alienations, therefore, could not be treated as valid for purposes of the Land Reforms Regulation, 1972. The counsel for the respondents on the other hand argued that an Ijazatnama was not essential for establishing the validity of allotment of land by the Society to its members and the fact that the respondents were in possession of the land and were paying land revenue etc. Was sufficient to establish their rights in the land and allotment of land in their favour was valid alienation for purposes of the Land Reforms Regulation, 1972.
6. I have considered the arguments from both the sides. The point in issue in this case is not whether the Society could legitimately allot land granted to it by the Government in favour of its members but the date on which such allotments were actually made. Any allotment of land made after the crucial date viz. 20-12-1971 obviously cannot be A excluded from the holding of the Society itself for purposes of the Land Reforms Regulations, 1972. Ijazatnamas officially issued by Director, G.M. Barrage in this connection, therefore, acquire critical significance for this purpose in the absence of relevant entries in the land revenue record in favour of the allottees.
7. 1 have examined photo copy of a letter, dated 24-7-1985 of Barrage Mukhtiarkar, Golarchi produced before me. According to this letter Ijazatnamas were issued in favour of the following respondents by the Director, G.M. Barrage Project, Hyderabad before 20-12-1971:- ' Elimuddin son of Mehtab.
' Muhammad Aslam son of Jamaluddin.
' Allah Dito son of Sultan.
' Rehmatullah son of Allah Dito.
' Rehmat All son of Faiz Muhammad.
' Muhammad Ismail son of Din Muhammad.
' Barkat Ali son of Shahzada.
' Muhammad Aslam son of Allah Ditta.
' Shahabuddin son of Jhando.
' Khairuddin son of Ibrahim.
' All Muhammad son of Hira.
' Mushtaq Ahmed son of Ghulam Nabi.
' Ibrahim son of Khuda Bux.
' Jhando son of Sher Muhammad.
' Mehtab Ellahi son of Rehmatullah.
' Muhammad Anwar son of Jamaluddin.
' Jamaluddin son of Barkat.
' Allotments by the Society in favour of the respondents mentioned above are held as valid alienations, while those in favour of the remaining respondents are held to be void for purposes of the Land Reforms Regulation, 1972. The Deputy Land Commissioner Badin is directed to redetermine the holding of the declarant viz. The Ushar Cooperative Farming Society in the light of this order and resume the area found in its ownership/possession to be in excess of the prescribed limits in accordance with law.