ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

Constitution Petition No.D-11 of 2007

1. For Katcha Peshi

2. For orders on MA No.40/2007

28-5-2009

None present for the Petitioners

Mr. Allah Bachayo Soomro, learned Additional AG alongwith Abdus Subhan, Member/Secretary Land Utilization, Nazar Muhammad Leghari, Special Secretary (Land Utilization) Department, Muhammad Qasim Lashari, Member (Judicial-I), Board of Revenue, Suhail Adeeb Bachani, EDO (Revenue) Jamshoro and Badruddin Mangi, Mukhtiarkar, Thana Bula Khan.

We have directed the two senior officials of the Board of Revenue to formulate guidelines for the officers of the Revenue Department in order to reconstruct the record. The proposed guidelines have been placed before us and we have perused the same. It is only confined to the reconstruction of the record but it does not cater as to how the existing revenue record, which is tampered with, can be rectified and or authenticated. The proposed guidelines do not provide any suggestions for action against the revenue officials, who were and are instrumental in tampering with the revenue record. We would like the revenue officials, who were guilty of tampering with the revenue record, should be taken to task, in order to ensure that in future no revenue official has the courage to tamper with the revenue record. The Senior Member is expected to hold inquiry against such officials forthwith and award and or recommend appropriate punishment.

2. In addition to the proposed guidelines, in future, the Mukhtiarkars in letter and spirit shall comply with the provisions of Land Revenue Act and the rules framed thereunder, especially the provisions of Section 42(2) of the Land Revenue Act. We would also direct that in future the entries kept in the revenue record should not be kept in figures but it should also be kept in words in order to minimize the element of tampering in the revenue record. We have noticed that the revenue registers which are maintained in the name of village form are not properly paged and there are/is pages containing fictitious entries, which are inserted in such registers by the subordinate staff of the revenue department. To avoid such tampering in the record, we direct that in future every page of the register shall have a printed page number on it as is provided under the rules and before such register is used, it should have a certificate on its back, which certificate should not only be issued and signed by the Mukhtiarkar but it should also be attested by the concerned DDO (Revenue) certifying the total pages in the Register.

3. All these printed registers, as prescribed by the rules, shall be issued by the Board of Revenue and no private register should be used and or utilized as official register by any Mukhtiarkar and or any other authority in future as is being practiced by them. We direct the Senior Member, Board of Revenue to immediately provide the requisite printed registers, in terms of the rules, with requisite format printed in it covering the requirement of Rule 72 of the Land Revenue Rules. We are aware of the fact that under the rules, the area of land is required to be given in figures in village form but we would like the Senior Member and or any other competent authority to amend the rules by adding the words “words and figures” in form VII by amending the relevant form. We further direct the Member, Board of Revenue that while issuing the proposed printed registers to the Mukhtiarkar, he shall establish a separate cell in office of Board of Revenue, which shall have complete record with an officer issuing different printed registers and or material to the Mukhtiarkars in the entire Sindh. Such officer, at the time of issuing register shall stamp and initial each page of the register, which he will issue to the Mukhtiarkars. He will also maintain the record of the registers of each Mukhtiarkar and will issue a certificate on the last page of such register and the number of pages the register contains, whereafter the certificate shall be endorsed by the Mukhtiarkar and the DDO Revenue as has been proposed hereinabove. The printed registers would be handed over to the Mukhtiarkar against proper acknowledgement and such record of handing over of each and every register shall be maintained by the Board of Revenue under the proposed cell. The proposed cell shall maintain in duplicate district-wise entire revenue record of all Sindh and any future entry kept in any revenue of any district shall be sent to the proposed cell, which shall be kept in proper register. All transactions on village forms II, VII A and VII B shall be sent to the proposed cell of the Board of Revenue within three days of such entry by the Mukhtiarkar.

4. The Sindh Government shall immediately conduct survey of the lands belong to the Government and complete the survey with the help of modern equipments within three months. Additionally, entire revenue record of Sindh shall be computerized and microfilmed under the supervision of Board of Revenue and such record of microfilming and computer shall be kept in duplicate with the Board in a separate cell to be kept under an officer of grade 17.

5. We have also noticed that subordinate Revenue Officers are not complying with the directions contained in the Judgment of Division Bench of this Court contained in CP No.D-265 of 2004 (Muhammad Ismail and others vs. CDGK) where directions were circulated by the Board of Revenue in regard to keeping of entry in revenue record.

6. We while parting with the order acknowledge the efforts of Mr. Nazar Muhammad Leghari, Special Secretary (Land Utilization) and Mr. Muhammad Qasim Lashari, Member (Judicial-I) beside Mr. Abdus Subhan, Member/Secretary Land Utilization who have put in serious efforts in framing the proposed suggestion, which shall be notified officially through circular as instructions from the Board of Revenue to all the Mukhtiarkars for compliance.

7. As far as the present proceedings are concerned, the impugned order of the Member (Land Utilization), Board of Revenue, Sindh is a speaking order and the Petitioners had the remedy to approach the same Member in Revision, which has not been availed by them and instead have approached this Court. We do not find any infirmity in the impugned order and accordingly we dismiss this Petition alongwith the listed application.

8. The directions contained in the order shall be circulated to all the Revenue Authorities for compliance. The Board of Revenue shall issue the requisite printed material to the Mukhtiarkars within a period of two months from the date of communication of this order. The proposed guidelines submitted today in Court are made rule of the Court. Non-compliance of any of the directives of this Court and or of the proposed guidelines shall expose the incumbent to contempt proceedings. Till such time that the printed material is issued and is made available to the Mukhtiarkars and other authorities, the process of reconstruction of the revenue record of the private transactions, if any, in entire Sindh is stayed. The existing record of revenue should also be scrutinized on the aforesaid pattern in order to authenticate the revenue record of private and or of Government lands.

Copy of this order be facsimile to Member/Secretary Land Utilization, Mr. Nazar Muhammad Leghari, Special Secretary (Land Utilization) Department, Mr. Muhammad Qasim Lashari, Member (Judicial-I), Board of Revenue, Senior Member, Board of Revenue and the Chief Secretary, Sindh, for information and compliance.

Judge