1989 PLP 122 (CLC)

This is an appeal petition filed against the order dated 3‑11‑1987, passed by the Commissioner, Sukkur Division, Sukkur whereby he informed the appellant that the order passed by the Deputy Commissioner Jacobabad dated 21‑3‑1987, regarding grant of plot measuring 1,290 Sq.Ft. situated in Kashmore Town is confirmed and further informed that appeal shall lie before the Board of Revenue, Sind.

2. Heard the counsel for parties and perused the impugned order and other relevant record.

3. The counsel for petitioner argues as under:‑ (i) The plot in dispute which has been granted to respondent is situated within prohibited area of High Ways as it is clear from the impugned order of Deputy Commissioner. (11) There already exist Deeni Madrasa and shops attached to Mosque of Anjuman Qadri, which is registered. (iii) The petitioner had applied for plot .in dispute in 1986 which has been sent for report to the Mukhtiarkar but this application was not considered by the Deputy Commissioner at the time of grant of this plot to the respondent.

4. The counsel for the respondent has argued in rebuttal as under:‑ (i) That appeal is not proper as impugned order of Deputy Commissioner has not been filed with the appeal. (ii) Since the order of Deputy Commissioner has been confirmed by the Commissioner there is no provision of appeal. (iii) The certified copy of application claimed to have been made is not supplied nor the appellant has photostat copy. The application has been filed after one year of the order passed by the Commissioner/ Deputy Commissioner and therefore, it is time‑barred. (iv) The plot granted to the respondent is not the same for grant of which petitioner had applied.

5. The counsel for petitioner further replied as under:‑ (i) The impugned order of Deputy Commissioner/ Commissioner had been attached with memo of appeal. (ii) That plot which has been granted to respondent is the same which is under occupation of Mosque and Deeni Madrasah. .6. According to proviso below condition No.5 of the statement of conditions for grant of State land within the limits of Peoples Town Committees, Mandi Towns, and other Colony Area of province of Sind for residential, Commercial Industrial, Educational, Charitable and religious purposes, it is provided that if the Deputy Commissioner is satisfied that grant of plot by private negotiations is not in the public interest or there is a competition , for the grant of plot, it shall be disposed of by auction with prior approval of the Commissioner.

7. The Deputy Commissioner does not seem to have applied his mind to ascertain whether there is competition for grant of plot and that the private negotiations were in the public interest. There is A nothing in the impugned order of Deputy Commissioner to suggest that there was any other application pending on the record for grant of this plot. The counsel for petitioner produced a photo copy of application claimed to have been made for very same plot in 1986 which still remains under consideration. Since the impugned order had not been passed in presence of petitioner, the question of limitation does not apply.

8. In view of foregoing position the case is remanded to the Deputy Commissioner, to pass self‑speaking order with conscious application of mind afresh after verifying the claims of both the parties strictly in accordance with the provisions laid down in statement of conditions for grant of State land within the limits of Town Committee notified on 12‑5‑1975. A. A./288/R Case remanded.