' This is a revision petition against the order dated 20-5-76 passed by the learned Additional Commissioner, Hyderabed Division whereby he remanded the case for fresh disposal in respect of grant of S. Nos. 118/9 to 16 (8-0) acres of Deh 25-Jamrao, Taluka Sinjhoro, made by the C. O., Sukkur Barrage on 30-7-1975 to the respondent on harap conditions.
2. Heard the patties and perused the impugned order. The counsel for the petitioner contended that:-
(I) the disputed land was leased out to the petitioner for three years with the right of first refusal f:om Rabi 1961-62 and that he should have been allowed to exercise his right of first refusal before its grant to any other person ;
(ii) the respondent was not disqualified under the old land grant policy.
3. I have seen the record. The leasehold with right of first refusal was created in favour of the respondent with effect from Rabi 1961-62 for three years only. The respondent failed to establish that the lease of disputed land was renewed thereafter in his favour and that he remained in continuous cultivating possession of the same till the time of its disposal on permanent tenure. This being the case, the right of first refusal herein claimed stands extinguished on determination of the lease rights granted to him.
4. As regards the disqualifications, the finding of the learned Additional Commissioner is correct inasmuch as the grant has been made under the new land grant policy. Had it been a case under the old grant policy, the respondent would have been eligible for consideration and in that case disqualification on the score of landholding being more than subsistence holding would not have operated against him.
5. In view of this position, the order of the learned Additional Commissioner is quite appropriate which is hereby maintained. The land should be disposed of afresh in open kutchery in accordance with the new land grant policy.