IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Revision Appln.No.S- 41 of 2016

Date Order with Signature of Hon’ble Judge

Disposed of matter

For orders on MA No.11855/2018 (Contempt)

(Notice issued)

The applicant by way of instant application has sought for prosecution of the private respondents as they according to him are not allowing him to cultivate his land which is in violation of order dated 06.11.2017 passed by this Court.

2. The facts in brief necessary for disposal of instant contempt application are that a direct complaint for prosecution of private respondents for an offence punishable u/s 3 and 4 of the Illegal Dispossession Act, 2005 was dismissed by learned Additional Sessions Judge (Hudood) Sukkur vide order dated 09.03.2016 such order was impugned by the applicant before this Court by way of filing a criminal revision application, same on 06.11.2017 was dismissed by this Court as not pressed on making submission by learned counsel for the private respondents that they have neither occupied or dispossessed the applicant from the land in question nor they intend to do so. Subsequently, the applicant came before this Court by filing the instant application for prosecution of the private respondents as stated above.

3. It is contended by learned counsel for the applicant that the private respondents are not allowing the applicant to cultivate his land that amounts to his dispossession from the land in question. By contending so, they sought for prosecution of the private respondents for having violated the lawful order of this Court.

4. Learned DPG for the State has sought for dismissal of the instant application by contending that the applicant has an alternate remedy to exhaust by seeking protection from harassment or otherwise.

5. I have considered the above arguments and perused the record.

6. Admittedly, the instant Criminal Revision Application was dismissed as withdrawn. If the applicant is being disturbed in any way by anyone then it provides a fresh cause of action in his favour which he could exhaust before the Court having jurisdiction.

7. No case for prosecution of the private respondents for having violated the order of this Court is made-out. Consequently, the instant Contempt Application is dismissed.

Judge

ARBROHI