ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P NO. D-748 of 2009.

DATE         ORDER WITH SIGNATURE OF JUDGE

1. FOR KATCHA PESHI.

3. FOR ORDER ON MA NO.3945/09.

19.12.2009.

Mr. Muhammad Ayoub Kassar, Advocate for Petitioners.

Mr. Ahmed Ali Shaikh, advocate for interveners.

Mr. Allah Bachayo Soomro, Addl. A.G Sindh along with Kazi Sardar Ahmed, Mukhtiarkar (Revenue), Badin and Nasrullah Chawro, Mukhtiarkar (Estate), Badin.

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                        We have passed the detailed order on 18-11-2009 and had granted time to the D.O Revenue, Badin to file the proposal agreed by him. We are informed that on account of consenting to the proposal, he has been penalized by transfer. We record that the land;

1. Muhammad Juman alias Jumoon           126(6-33) 128(5-14) 129(2-16)         

      S/O Photo Kassar                                Total 14-24 acres.

2.   Taj Muhammad S/O Khabar                135 (4-22) 136(6-05) 131(2-30)

      Kassar.                                                            Total 12-15 acres.                               

3.   Khan Muhammad S/O              122 (7-10) 213(6-24) total 13-34.      

      Uris Kassar.

4. Khamon S/O Ali Muhammad                132(5-22) 214(6-19) total 12-01.

Kassar.

5. Mubarak Ali s/o Jumon Kassar 230 (3-22) total 3-22.
6. Raza Muhammad S/O Taj                    86 (6-05) 127 (4-00) 88(3-19)

Muhammad Kassar.                             Total 13-24 acres.

are in possession of the persons named here in above. This fact was confirmed by the D.O Revenue on the last date and has also been confirmed from the record, which we have ourselves examined from the file of the Mukhtiarkar. The application under section 151 CPC made by the Petitioner is kept on record, which shows that the Petitioners and others are in possession of the land, which the area mentioned against their names in Deh Sarhadi, Taluka Badin. The possession of the Petitioners is established with their status as tenants under the MLR-115 of 1972. We direct the Respondents to allot the land to the Petitioners, who are admittedly the tenants and are in possession of the land under MLR-115 of 1972. This fact has been admitted by the D.O Revenue on the last date and we, therefore, direct the Government to allot the land within one month from today. After this order of allotment is made by the Government; the Government may for the public purpose take possession of the land either by acquiring or otherwise by providing alternate land to the Petitioners and other within the same vicinity of the same value.

                        This Petition stands disposed of in the above terms.

                        The application under order 1 rule 10 CPC made by the interveners is misconceived as it would enlarge the scope of the petition and is accordingly dismissed.

                                                                                                            JUDGE.

                        JUDGE.

A.C/P.A