C.P.No.D-4222  of  2015

 

 

             For Katcha Peshi

 

 

17.11.2015

 

Petitioner Baila Kanwal present along with her husband.

Mr. Liaqat Ali Shar, Additional Advocate General along with SIP Muhammad Mithal, SHO, PS, Rohri (under suspension), SIP Ghulam Hyder on behalf of SSP, Sukkur, ASI Shafqat Hussain Incharge SHO, PS, Rohri.

Mushtaq Ali and Karamat Ali are also present.

                                    ................

 

                        Instant matter has been converted into Constitutional Petition on the application filed by one Mst. Baila Kanwal wife of Riaz Ali, wherein it has been stated that at the instance of private respondents namely Syed  Muzaffar Hussain Shah and Syed Arif Hussain Shah, the police is causing harassment to the petitioner and her husband, whereas, their property bearing C.S. No.B-1402/1 situated in Ganjwani Mohalla, Rohri, District Sukkur, has been illegally and through force got vacated by the police who have put their locks by ejecting their tenants namely Karamat Ali and Mushtaq Ali. The matter was taken up for hearing on 13.11.2015 when following order was passed:

 

“Pursuant to Court notice, SIP Muhammad Mithal Khakhrani, SHO Police Station, Rohri shown appearance and filed statement on his behalf as well as on behalf of S.S.P, Sukkur, which are taken on record, wherein the allegations as contained in the instant petition have been denied and it has been stated that the respondents have nothing to do with the private dispute between the parties. It has been further stated that the police has not put any seal on the property as alleged by the petitioner.

                        The petitioner along with her husband Riaz Ali Sahito have shown appearance  and submit that they have been continuously harassed by the police at the instance of private respondents namely Syed Muzafar Hussain Shah and Syed Arif Hussain Shah, who is presently posted as Assistant Director, I.B, Sukkur, whereas S.S.P, Sukkur is also in connivance with them and forcing the petitioner to abandon their right over plot No.B-1402 situated in Ganjwani Muhalla, Rohri, which was purchased by her father in the name of her husband Riaz Ali Sahito through a registered sale deed executed on 10.5.2012 and at present her aforesaid property has been sealed by the orders of area police  on the instructions of Syed Arif Hussain Shah, Assistant Director, I.B, Sukkur and requests that the said seal may be directed to be removed. It has been further stated that earlier Syed Muzafar Hussain Shah filed F.C.Suit No 81 of 2012  in the Court of 2nd. Senior Civil Judge, Sukkur, which was dismissed vide order dated 05.10.2012 in respect of the same plot. The petitioner has requested for time to place on record copies of the detailed documents and court orders passed in the instant case on the next date and further requests that the respondents may be restrained from causing any harassment, and to get the site inspected by any Commissioner to be appointed by the Court.

                        Let the petitioner may place on record the relevant documents with regard to the title and possession of the aforesaid property through statement within two days. In order to ascertain the actual position at the site, Mr Abdul Raheem Memon, Reader is appointed as Commissioner to visit the site by associating the petitioner and other concern parties, and to submit report with regard to status of the said property before next date of hearing. The fees of the Commissioner is fixed as Rs.10000/- (Rupees Ten Thousand ) to be paid in advance by the petitioner and her husband who shall also provide transportation to the Commissioner.

                        To come up on 17.11.2015. In the meanwhile the concerned police shall ensure that no harassment is caused to the petitioner and her husband in respect of subject property.

 

 

            Pursuant to directions of this Court, the commissioner so appointed has submitted inspection report dated 16.11.2015 along with annexures, wherein it has been stated that as per report of the Mukhtiarkar, the aforesaid property is in the name of petitioner’s husband namely Riaz Ali, which was given on rent to Karamat Ali and Mushtaq Ali, whose statement on oath was recorded by the Commissioner. As per the statements of Karamat Ali and Mushtaq Ali, who are also present in Court, they were forcibly ejected from aforesaid property by one PC Wahid Bux Jagirani of police station, Rohri, who was accompanied by two other private persons, who after ejecting them, put their locks on the main door. The SHO has shown appearance and has stated that police has no concern with the private dispute of the parties and has not placed their locks. It has been further stated that locks have been removed, which were allegedly placed by PC Wahid Bux Jagirani, who has presently gone to Badin on account of election duty. As per Commissioner report, it has come on record that Syed Arif Hussain Shah, who is living adjacent to aforesaid property, has denied the allegations and stated that he has no concern or relevance with the subject-matter or property of petitioner’s husband as referred in the instant petition.

 

            In view of hereinabove position, the petitioner present along with her husband submits that though the possession of subject plot/property has been handed over by the concerned police, after the inspection conducted by the Commissioner, however, requests that protection may be provided to the petitioner and her husband and respondents may be restrained from causing any harassment to the petitioner or involving the petitioner or her husband in false and frivolous case.

 

            Learned Additional Advocate General submits that necessary legal protection will be provided to the petitioner and her husband in respect of their aforesaid property, whereas, the SHO present in Court also assures that no harassment whatsoever shall be caused by the police to the petitioner, and if any harassment by anyone is reported by the petitioner, necessary action will be taken in accordance with law.

 

            The SHO, PS, Rohri, present in Court has submitted that while he was complying with the orders passed by this Court to provide assistance to the Commissioner appointed by this Court to inspect the site and to submit report, some media persons barged into the room, where the learned Commissioner was recording statements, and on his direction, he asked that person to wait outside for further information. However, on his complaint, alleging maltreatment, he has been suspended by the SSP, Sukkur. Learned Additional Advocate General present in Court is directed to inform the SSP, Sukkur, who shall enquire into the matter and if the contention of the SHO present in Court is found to be correct, the SSP, Sukkur shall vacate such suspension order, and will intimate the same to this Court through Additional Registrar of this Court, within one week.

 

Petition stands disposed of in the above terms.

 

 

 

                                                                                   JUDGE

 

 

                                                JUDGE

 

N.M.