ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No.D-3587 of 2018

                                                                                                                                                                                                                Date                                         Order with Signature of the Judge                                                                         

 

1.For orders on Misc. No.16161/2018.

2.For orders on office objection No.27.

3.For orders on Misc. No.16162/2018.

4.For hearing of main case.

 

 

 

14th May, 2018.

Mr. Ghulam Rasool Mangi, Advocate for petitioner.

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Aftab Ahmed Gorar, J.:- We have heard the learned counsel for the petitioner. Perusal of memo of petition reveals that there is some civil dispute over some agricultural land between the petitioner and private respondents and under the garb of instant petition petitioner intends to encroach upon the government land,  which cannot be looked into or considered by this Court in exercise of its jurisdiction under Article 199 of the Constitution. The extraordinary constitutional jurisdiction of this Court under Article 199 of the Constitution is equitable and discretionary and is to be exercised only where substantial rights of a party have been invaded in flagrant violation of law and which can be established without any comprehensive inquiry into the facts. In this background of case, we constrained to hold that this petition arising out of factual controversy and for want of jurisdiction cannot be entertained by this Court. Consequently, the same is dismissed alongwith pending applications. The petitioner may avail remedy before the competent forum available under the law, if advised so.

 

 

 

 

                                                                                                            J U D G E

 

 

 

 

*Aamir/PS*                                                                        J U D G E