ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 2947 of 2013

a/w C. P. No. D – 1114, 1183 of 2014, 1343, 3036, 3825 of 2015, 2143 of 2016, 668, 929, 999, 1271, 1808 of 2017, 23, 262, 434, 719, 1413, 1418, 1521, 1659, 1670 & 1949 of 2018

Date of hearing

Order with signature of Judge

1. For orders on CMA No.5954/2014

2. For hearing of main case

27.02.2019

M/s Muhammad Sadiq Ansari, Mian Mumtaz Rabbani, Manoj Kumar Tejwani, Nusrat Hussain Memon, Gul Feroze Kalwar, Shakeel Ahmed Kalwar, Abdul Waheed Bhanbhro and Muhammad Qayyum Arain advocates for petitioners.

M/s Noor Hassan Malik and Mehboob Ali Wassan, Assistant Advocate General Sindh a/w Nazir Ahmed Mukhtiarkar Kotdiji, Athar Hussain Mukhtiarkar Salehpat, Amanullah Dahar Mukhtiarkar Ubauro, Zahid Ali Shah Mukhtiarkar Rohri, Rahmatullah Sahito Mukhtiarkar Sobhodero, Ahmed Saeed Siddiqui, AEN Highways, Pano Akil, Sajjad Ahmed Mahesar Mineral Dev: Officer Sukkur, Riaz Ali Bhutto, Assistant, Survey Office, Khairpur.

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This bunch of cases involve a common question that concerns with the demarcation of the land. In some of the cases the land is disputed, however, the petitioner claims to have been in occupation. In these matters, neither the title of the land is being determined nor the occupation of any occupier is being legitimized. These petitions are only being entertained on account of the fact that they claim to have moved an application for demarcation of the land which they either occupied or on the strength of title or claimed to have been trespassed by other trespasser or adjoining land owner. Without prejudice to the right of any one over the land, in case such application for demarcation is filed by the petitioners before the Revenue authorities in terms of Section 117 of the Land Revenue Act, 1967, it may be forwarded to the concerned Mukhtiarkar who may act accordingly by issuing notices to the Survey Superintendent who may depute their technical team and notices may also be issued to all khatedars for demarcation of the land alone. This process, however, as stated above, would neither determine title nor take away rights of any one in respect of which litigation is pending either before this Court or before civil Court and / or appellate Court. This process is only meant for the boundaries of the land to be determined.

All the petitions stand disposed of in the above terms along with listed applications.

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N.M.