KABIR ALI Versus DEPUTY COMMISSIONER, INCHARGE SETTLEMENT CELL

1. This petition is directed against the order dated 29-5-1988 passed by the Deputy Commissioner, Sanghar, whereby he advised the parties to seek remedy from the competent Civil Court if they so desire.

2. The facts leading to the filing of the above petition are that by order dated 25-3-1984, this Court has remanded the case to the respondent No.l under section 2 of Act 14 of 1975 for fresh decision in the light of the observation made in the judgment and after affording reasonable opportunities to the parties to make out their case before the authorised officer. Mr. S.S. Hamid, learned counsel has contended that the respondent No.1 has not complied with the direction of this Court. I have perused the impugned order. A perusal thereof would show that the respondent No.l has not applied his mind to the facts of the instant case. The respondent No. 1 was directed to consider document dated 14-2-1970 executed by respondent No.2. The said document shows prima facie Manju has surrendered eight acres of land from his allotment in favour of the petitioner. The respondent No.l was directed to hold an enquiry whether Ruldoo died before the heirs of Ruldoo had submitted their claim or not. It seems that the respondent No.l has not complied with the directions of this Court in the light of observations contained in the judgment dated 25-3-1984. Consequently, the petition is allowed and the matter is remanded to the authorised officer under Section 2 of the Act 14 of 1975 for fresh decision in the light of the observations made in the above judgment dated 25-3-1984 and after affording reasonable opportunities to the parties in support of their respective versions.

3. M.Y.H./K-157/K

4. Case remanded.