HYDERABAD, March 15: A division bench of Sindh High Court, Hyderabad circuit bench, on Tuesday issued notices to the Sindh chief secretary, secretaries of revenue and local government, senior member of the board of revenue, district nazim and DCO Mirpurkhas, nazim of Hussain Bux Mari taluka and additional advocate-general, Sindh, on a petition, challenging delimitation of eight union councils of the Mirpurkhas city to a newly-created taluka.

The petitioner, Abdul Nasir Khan advocate, said that the Mirpurkhas taluka comprised 17 UCs — eight urban and nine rural — but through different notifications under the Sindh Local Government Ordinance 2001, the government divided the taluka and created Sindhri and Hussain Bux Mari talukas.

He challenged delimitation and reconstitution of the Mirpurkhas taluka within a period of one month without notifying it and giving wide publicity to invite objections from residents of the area.

He said that the last government elections were conducted on the basis of formation of these UCs and taluka councils and elected administrations started functioning.

He said that controversy arose when the TMA Hussain Bux Mari laid its claim over areas of UC-1 to six of Mirpurkhas taluka on the ground area of these UCs were part of Dehs 108, 109, 110 and 120. He described it as a legal ambiguity on account of negligence of the revenue department while issuing notifications in respect of revenue jurisdiction of Mirpurkhas and Hussain Bux Mari talukas.

He said that UC-1 to six were urban areas and part of Mirpurkhas city and as per 70-year-old revenue record these Dehs were its part and had attained urban characteristics over the last several years.

He said that Mirpurkhas was declared as urban area for purpose of jobs and admission to educational institutions and the position remained unchanged as far as provincial and federal governments are concerned.

He said that no revision of settlement under the Land Revenue Act 1967 had taken place in revenue record as Mirpurkhas city continued to be showed as Dehs 108, 109, 110 and 120.

The petitioner said that it was a matter of negligence on the part of revenue department after creation of the Hussain Bux Mari taluka.

He said that respondents had violated sections 2, 3 and 6 of the Sindh Land Revenue Act 1967.

As a result, the TMA Hussain Bux Mari was not rendering any services to residents of UC-1 to six but laying its claim over funds of the UCs.

He said that since the TMA Mirpurkhas was providing services to these UCs it had right to recover tax and utilize funds in these UCs.

He said that notification dated June 30 issued by the secretary local government in respect of delimitation of UCs of Hussain Bux Mari taluka and added that under provisions of the Sindh Land Revenue Act 1967 it was lawful duty of the Board of Revenue to direct by notification survey of land comprising of Mirpurkhas city and determine its revenue jurisdiction but in presence case no such thing was done for creating Tapa Mirpurkhas city.

He said that notification dated June 29 was illegal and the Sindh government and TMA Hussain Bux Mari could not lay its claim over urban areas of UCs one to six.

He said that residents of these UCs were facing difficulties for their routine matters because of the delimitation while development schemes of the Mirpurkhas city were not being executed for want of funds and claim over recovery of taxes.

He said that respondents were not interested in resolving grievances of people despite lapse of such months after issuing of such malafide notifications.

He prayed the court to declare that area consisting of UCs one to eight in the Mirpurkhas taluka were no more part of Deh 108, 109, 110 and 120 thus the TMA Hussain Bux Mari had no right over said area in any manner and all taxes being recovered from these UCs should be incurred on welfare of people, living in UCs one to eight.