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