ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 2357 of 2017
|
Date of hearing |
Order with signature
of Judge |
1. For hearing of CMA No.1913/2018
2. For hearing of CMA No.15351/2017
3. For hearing of main case
30.08.2018
Mr.
Nisar Ahmed Bhanbhro advocate for the petitioner.
Mr.
Niazuddin Memon advocate
for respondent No.1.
Mr.
Achar Khan Gabol advocate for respondent No.2.
Mr.
Zulfiqar Ali Naich Assistant Advocate General Sindh.
...................
This petitioner has impugned the
notice issued under Sindh Public Property (Removal of Encroachment) Act, 2010
by the Assistant Commissioner Gambat in pursuance of
the orders passed in C. P. No. D – 1287/2017 and 1480/2017. The Deputy
Commissioner passed an order after hearing the parties. It is claimed that the
petitioner was not heard as he was not arrayed in the petition. It is further
contended that both the parties, in the order claimed to have trespassed
certain Government land. His only concern is that since he was condemned
unheard therefore no action for removal of encroachment should be taken. He
further asserted that he has already filed a suit before Senior Civil Judge Gambat wherein he has sought directions that he is entitled
for possession in respect of land in question which is claimed to have been trespassed
by the Deputy Commissioner.
We have
heard the learned counsel and perused the material available on record.
At the
very outset, the petitioner was asked as to whether any title is being enjoyed
by him, he submits that to have a title of the subject land he has filed suit
as referred above. At present he is not enjoying any privilege or right except
that he is occupying the land since decades. We are afraid, such questions of
facts cannot be adjudicated in these proceedings. He has not approached the
Court with clean hands as he does not enjoy any title. Be that as it may, we do
not want to pass any further comments in this regard since he has filed a suit
for declaration and injunction. The relief as sought by the petitioner in these
proceedings regarding suspension of the notice issued by the Deputy
Commissioner for the removal of the encroachment is also far fetched as the
exercise has already been taken by the Deputy Commissioner to ascertain the
title of the petitioner. The petition has no substance as such is dismissed.
The petitioner is at liberty to pursue his remedy before the forum where he has
filed the suit. Any observation in this petition may not influence the
proceedings before the trial Court.
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J U D G E
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J U D G E
N.M.