C.P.No.D-3201 of 2015
1.
For
orders on CMA-8962/2015
2.
For
orders on CMA-8963/2015
3.
For
Katcha Peshi
09.09.2015
Mr. Amanullah G.
Malik Advocate along with petitioner.
...............
It
is, inter alia, contended by the learned counsel for the petitioner that in
spite of having taken cognizance under the Illegal Dispossession Act against
the accused persons i.e. respondents, the learned 2nd Additional
Sessions Judge, Sukkur, before whom an application for interim possession under
Section 7 of Illegal Dispossession Act is also pending, has passed no orders for
interim possession, whereas, illegal construction is being raised by accused
persons over such land.
We
are of the tentative view that the relief sought through instant petition by
the petitioner, in duplication of the proceedings already pending before the
competent Court of jurisdiction, appears to be misconceived. However, since the
learned counsel for the petitioner has contended that the petitioner will be
satisfied and will not press instant petition if directions may be issued to
the learned 2nd Additional Sessions Judge, Sukkur, to decide the
application of the petitioner under Section 7 of Illegal Dispossession Act,
within a reasonable period of time, therefore, we would dispose of instant
petition with the directions to the petitioner to approach the learned 2nd
Additional Sessions Judge, Sukkur with such request, who shall decide the
application of the petitioner filed under Section 7 (1) of Illegal Dispossession
Act, 2005 within a reasonable period of time, after providing an opportunity of
being heard to the concerned parties, through speaking order, in accordance
with law. It is expected that the said application of the petitioner may be
disposed of within four weeks from the date of this order, whereas, learned
counsel for the petitioner may place a copy of this order before the learned 2nd
Additional Sessions Judge, Sukkur, for compliance.
Petition stands disposed of in above
terms along with the listed applications.
JUDGE
JUDGE
N.M.