ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P No. D- 138 of 2013
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1. For orders on CMA 768/2013.
2. For katcha Peshi.
3. For hearing of CMA 388/2013.
08.04.2016
Mr. Shahriyar Ali Awan Astt. A.G
...............
Petitioner present in
person submits that though he was in possession of government land without any
title from which land he has been dispossessed ,
however, he is willing to make payment and to acquire such land subject to
fulfillment of codal formalities.
Learned A.A.G submits
that the instant petition is misconceived as petitioner had occupied government
land, whereas, possession of plot has already been taken over by the government, hence instant petition may be dismissed.
We are of the tentative view
that in absence of any legal title or lawful possession of land, the request of
the petitioner cannot be examined by this Court under its constitutional
jurisdiction, however petitioner will be at liberty to approach relevant
authority to acquire lawful possession of plot if permissible under
law, however such claim may be examined strictly in accordance with law and as
per policy if any. Instant petition is disposed of along with listed
applications in the above terms.
J
U D G E
`
Irfan/PA J U D G E
JUDGE
JUDGE
Irfan/PA