ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
C.P. No.D-695 of 2020
Petitioner : Shamsuddin Sahito
Through Mr. Nusrat Hussain Memon, advocate
Date of hearing : 16.07.2020
Date of Order : 16.07.2020
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O R D E R
ADNAN-UL-KARIM MEMON, J: Petitioner has mainly prayed for direction to Mukhtiarkar / Revenue Officer concerned to demarcate his
lands i.e. S. No.220 of Deh Detha
Taluka Kandiaro.
2. We asked learned Counsel to satisfy
this Court with regard to maintainability of instant petition on the premise
that identical petitions of similar nature have already been disposed of by
learned Division Bench, Circuit Court, Hyderabad, in C.P. No.D-1857/2019 vide
common order dated 26.11.2019.
3. Mr. Nusrat Husain Memon Learned Counsel for the petitioner, argued that the Mukhtiarkar concerned has expressed his reluctance towards
demarcation of his land on the premise that the demarcation could not be
carried out due to certain objections; that he has to exercise the powers for
demarcation of the land, but has failed to perform his duty ; and, that the
petitioner moved application Mukhtiarkar concerned for demarcation under the relevant
law and rules but all his efforts went in vain. Learned Counsel further stated
that the official respondents turned a deaf ear to the petitioners’ grievances,
compelling him to approach this Court. He lastly prayed for direction to the
Revenue Officer concerned and Director Settlement Surveys & Stamp to carry
out the demarcation of his land in accordance with law.
4.
We have heard the learned Counsel at length on the point of demarcation of land
under the Revenue Law and perused the material available on record.
5. This
court has already decided the issue involved in the matter in C.P.
No.D-1857/2019 vide common order dated 26.11.2019. An excerpt of the same is
reproduced as under:
“13. Since
applications for demarcation filed by some of the petitioners are admittedly
pending before the competent authority and such authority has failed to
exercise the jurisdiction vested in it by law, Senior Member Board of Revenue
Sindh is directed to depute Mukhtiarkar / Revenue
officer for the area concerned, who shall hold an inquiry regarding the
legality and genuineness or otherwise of the petitioners’ ownership documents,
possession, etc., or dispute / litigation, if any, and then to complete the
exercise of demarcation of their land subject to their entitlement strictly in
accordance with Rule 67-A and Section 117 ibid, as amended up to date within
thirty (30) days of receipt of their application. The above exercise shall be
carried out by the Mukhtiarkar concerned with the
assistance of Settlement Survey and Land Record Department. However, if the
application for demarcation filed by any of the petitioners is rejected for any
reason, the reasons of such rejection must be recorded in writing by the Mukhtiarkar concerned after providing opportunity of
hearing to all concerned within a period of one month from the date of receipt
of this order. 14. Petitioners who have not availed the remedy in accordance
with law before approaching this Court, may avail
their remedy by filing proper applications before the competent authority along
with supporting documents, which shall be decided in terms of the direction
contained in paragraph 13 supra. Regarding the cases wherein factual disputes
are involved, needless to say that such parties may approach the competent
civil court for redressal of their grievance in
accordance with law. 15. As the petitioners have not been able to convince us
that they have availed / exhausted their remedy in accordance with law before
filing these petitions, office is directed not to entertain such petitions for
measurement / demarcation / partition / mutation of land wherein (a) petitioner
has not approached the competent forum in accordance with law ; (b)
petitioner’s application for such purpose is pending before the competent forum
; and/or (c) any factual controversy with regard to the subject land and/or khatedars is involved, or any litigation in respect thereof
is sub judice before any forum. 16. All the captioned
petitions stand disposed of in the above terms along with pending
application(s) with no order as to costs. Let notice be issued to 6 Senior
Member Board of Revenue Sindh, Mukhtiarkars concerned
and Director, Settlement Survey and Land Record for compliance.”
6. In view of above facts and circumstances of
the case, this petition is disposed of in the terms of common order dated
26.11.2019 as discussed supra.
JUDGE
JUDGE