ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        3273   of 2012.

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

1-     For orders on office objection at Flag “A”

2-     For orders on CMA.No.10188/2012

3-     For Katcha Peshi.

4-     For hearing of CMA.No.10189/2012.

 

10th. May, 2016.

 

                        Mr. Nusrat Hussain A. Memon, Advocate for petitioner.

                        After hearing the matter at some length, learned Counsel for the petitioner was directed to satisfy this Court as to maintainability of instant petition, whereby, the petitioner has impugned the order passed by Member Board of Revenue in respect of entry No.141, which has been cancelled for being duplicate, learned Counsel for the petitioner, could not satisfactorily explain his legal position. It appears that there are concurrent findings of the forums below, whereby, it has been held that since the entry No.59 in respect of the subject land was intact, therefore, the subsequent entry No.141 of 1998 under the circumstances, was illegal and has been cancelled accordingly. Prima-facie, the impugned order does not suffer from any error or illegality which may require this Court to exercise its constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. Moreover, through instant petition, the petitioner has disputed certain facts, which cannot be decided by this Court in constitutional petition. While confronted with such position, learned Counsel for petitioner submits that petitioner will not press instant petition and will in the first instance, seek remedy by approaching the competent Court of civil jurisdiction for redressal of his grievances. Accordingly, instant petition is dismissed as not pressed along with listed applications however, the petitioner is at liberty to seek further remedy if available to him under the law before the appropriate forum.

JUDGE

JUDGE

A.R.BROHI