ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No.D- 3129 of 2015

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For katcha Peshi.

(Notice issued, returned)

15.03.2016

Mr. Rashid Khan Durrani, Advocate for petitioner.

Mr. Muhammad Saleh Bhutto Advocate for respondents No.4 & 5.

Mr. Fayyaz Ahmed A.Soomro Advocate for respondent No.7.

Mr. Shafiq Ahmed Leghari, State counsel.

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Through instant petition, petitioner has sought for directions of this Court requiring the official respondents to remove the encroachment from public land (street) and to take strict action against such encroachers i.e respondent No.7.

Pursuant to Court notice, Mr. Muhammad Saleh Bhutto has filed Vakalatnama on behalf of respondents No.4 and 5, which is taken on record, whereas, comments have been filed on behalf of respondent No.4 and 7. Learned counsel for respondents No.4, 5 and 7 have raised objection with regard to maintainability of instant petition on the ground that relief sought through instant petition is misconceived whereas remedy is available under Sindh Public Property (Removal of Encroachment Act),2010. Per learned counsel, special tribunal has been constituted to hear all such disputes relating to encroachment on public land in terms of section 12 of aforesaid Act, whereas against an order of tribunal, any aggrieved party has the right to file an appeal before this Court.
It has been further argued that such dispute requires evidence, therefore, instead of filing instant petition before this Court, the petitioner may be directed to approach the special tribunal for redressal of his grievance, if any. Learned counsel for the respondents have also referred to various proceedings and orders passed in respect of subject alleged encroached property and submit that in view of disputed facts, the petition is otherwise liable to be dismissed.

Learned counsel for petitioner submits that this Court has concurrent jurisdiction under section 199 of Constitution of Pakistan,1973 to issue directions to the public functionaries i.e respondents No.2 to 6 to remove any encroachment from public land (street), however, since special tribunal is now functional, petitioner does not press instant petition and will approach special tribunal in accordance with law. Accordingly, instant petition stands disposed of as not pressed. The petitioner is at liberty to approach the special tribunal constituted in terms of section 12 of Sindh Public Property (Removal of Encroachment) Act, 2010 for redressal of his grievance, and it is expected the application filed by the petitioner shall be decided strictly in accordance with law within reasonable period of time.

J U D G E

JUDGE

Irfan/PA