825/2010 Const. P. Hassan Ali Gopang (Petitioner) V/S E.D.O Revenue Kamber Shahdadkot and others (Respondent)

825/2010 Const. P. Hassan Ali Gopang (Petitioner) V/S E.D.O Revenue Kamber Shahdadkot and others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Syed Muhammad Farooq Shah Order Date: 23-JAN-13

We have prima facie observed that the impugned order was passed in haste without dilating upon the earlier order passed 21 days before by the same Executive District Officer in respect of the same land and it clearly smacks mala fide. Once an order was passed on the basis of certain facts based on reports of two Mukhtiarkars referred above, he practically becomes functus officio and cannot exercise such jurisdiction as exercised in the impugned order. The objection relating to the maintainability of this petition is, therefore, not sustainable and we hold that in view of the present facts and circumstances of the case, the writ petition is maintainable; particularly in the manner in which the impugned order was passed, when we see that there is no deliberation regarding earlier order and that too passed by same officer in the span of 21 days without notice to petitioner. The impugned order is not a speaking order particularly when earlier he has decided the entitlement of land in favour of the petitioner twenty one days before. The case law cited by learned counsel for respondent are distinguishable.