HYDERABAD, April 21 The Sindh High Court, Hyderabad circuit bench, on Tuesday pulled up the Revenue Department for not complying with its directives on a petition seeking the SHC's intercession in an encroachment case.

The SHC bench, comprising Justice Amir Hani Muslim and Justice Mohammad Iqbal Mahar, observed that revenue officials are not complying with procedure laid down in Land Revenue Act and flouting a court order which has been issued by Board of Revenue through a circular.

The court was hearing a petition of three petitioners, filed by

Hakim Ali Siddiqui advocate, challenging encroachment on his clients' land by revenue officials of Jamshoro district.

Justice Muslim took serious notice of the replies given by the Mukhtiarkar and the DDO revenue of Kotri taluka as they failed to give satisfactory replies to his queries. Both officials got confused after they were subjected to questioning by the bench. The Mukhtiarkar informed the court that revenue record of land has been retained by the EDO revenue of Jamshoro.

The court noted that the directive of the bench whereby entries in revenue record were to be kept by supervising tapedar, attested by Mukhtiarkar and counter attested by DDO. “All these are bogus and invalid entries as they are not attested ones”, observed Justice Hani while confronting officials with revenue record. He said that in present case no compliance of the directive is made which is not only in defiance of law but is also contemptuous.

EDO revenue Jamshoro Sohail Adeeb Bachani appeared before the court only to be subjected to intense questioning. He was there in respect of a separate matter and was asked to justify in the eye of law how he has retained the record with him but he was also unable to satisfy court. “Under what authority you have kept the record of land regardless of the fact it pertains to current or old case,” Justice Muslim asked the EDO.

The court was also shocked to note that head of the department was not aware of record which was burnt. “We want this practice must discontinue and law should be followed strictly”, the judge observed.

The EDO also conceded that procedure laid down under section 42 of Land Revenue Act is not being followed and he also admitted that he has not taken any action against Mukhtiarkars, who are not following law. EDO stated that since there were numerous complaints regarding tampering with the record that's why he had retained the record.

Justice Muslim also said that micro filming of revenue record until 1994 has been done in Sindh but from 2005 onwards no micro filing is done and there is no plausible ground available on behalf of officials as to why entries are not attested. “From 2005 on wards no entry is attested and it appears to be bogus”, he remarked while examining revenue record registers presented by Mukhtiarkar.

The court ordered EDO revenue to immediately hand over the original revenue record to the Mukhtiarkar after preparing proper entries as required by law.

These entries shall also spell out first and last entries, the court said. This should be done within a day and list of burnt record which was sent to Board of Revenue shall also be placed before the court on May 5.

The court has called for attendance of a senior officer from Board of Revenue and explain how an officer below the rank of DO (district officer) is referring matter to EDO by making a note that entry is suspicious and EDO is taking cognisance in terms of section 164 of LRA.