ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 1038 of 2014
|
Date of hearing |
Order with signature
of Judge |
For
hearing of cases (Priority)
1.
For orders on CMA No.8473/2015
2.
For orders on CMA No.5159/2015
3.
For hearing of CMA No.3925/2015
4.
For hearing of CMA No.3018/2015
5.
For hearing of main case
12.02.2019
Mr.
Ahmed Ali Shahani, Assistant Advocate General Sindh for petitioner along with Ziadullah DFO.
Mr.
Qurban Ali Malano advocate
for resp. No.1 to 25.
………………
Statements along with documents
filed by the petitioner as well as by the respondents’ counsel are taken on
record.
Learned AAG appearing
for the petitioner submits that by playing fraud the respondents got the land
allotted from the Revenue Department whereas the fact remains that it was a
Forest land in terms of the order dated 24.11.1941. Learned AAG
has relied upon an order passed in C. P. No. D – 4134/2012 wherein on account
of this controversy between two departments i.e. Forest Department and the Revenue
Department, the matter was referred to Senior Member, Board of Revenue Sindh as
well as Chief Secretary Sindh to immediately look into the matter and resolve
the controversy in the light of the record and also to see whether the grant in
favour of a party was in accordance with law.
Mr. Malano
learned Advocate, on the other hand, submits that before creation of Pakistan
it was a State land of Khairpur whereafter in the year 1947 the land was
acquired by the Board of Revenue and from that onward it was not part of the
Forest land.
Be that as it may, the record would speak for itself
as to whether once the land has acquired the status of Forest land, could be
made available for the allotment as a Revenue land. Both learned counsel have shown their desire that the matter could be
referred, as referred earlier by a Division Bench, to the Senior Member, Board
of Revenue Sindh to resolve the controversy. The parties may file their
respective documents in support of their contention and they may be heard by
the Senior Member, Board of Revenue Sindh who may pass a speaking order after
hearing the parties. It is expected that the controversy be resolved within
four (04) weeks with compliance report to this Court. In view of the nature
of the controversy, as it is claimed by the petitioner to be a Forest land, it
is expected that decision shall be made at the earliest. Copy of this order be
forwarded to the Senior Member, Board of Revenue Sindh immediately.
Petition and listed applications stand disposed
of in the above terms.
__________________
J U D G E
__________________
J U D G E
N.M.