ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-646 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

01. For orders on M.A.No.2956/2021 (U/A).

02. For orders on office objection “A”.

03. For orders on M.A.No.2957/2021 (E/A).

04. For orders on M.A.No.2958/2021 (S/A).

05. For hearing of main case.

01.12.2021

                        Mr. Aijaz Ahmed Mangi, Advocate for the petitioner.

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1.                     Urgency granted

2 to 5.             Facts

in brief necessary for disposal of the instant constitutional petition are that the petitioner filed a suit before Anti-Encroachment Tribunal Larkana, seeking declaration that the suit property is not falling within the ambit of Sindh Public Property (Removal of Encroachment) Act, 1910 and order dated 28.12.2020, passed by the Tribunal in Suit No.64/2019, relating to the same property, be recalled. On hearing, the suit filed by the petitioner was dismissed by learned Anti-Encroachment Tribunal Larkana, vide order dated 26.10.2021, by making an observation that the suit property as per record of right is owned by the government, if it is allotted to the petitioner then he has an alternate remedy to exhaust for mutation of record of right. It is in these circumstances, the petitioner has preferred the instant constitutional petition before this Court.

                        It is contended by learned counsel for the petitioner that the petitioner is lawful allotee of the suit property and such fact has been lost sight of by learned Anti-Encroachment Tribunal Larkana, therefore, the impugned order being illegal is liable to be set aside.

                        We have considered the above arguments and perused record.

                        The declaration of the ownership of the subject property, if any, could only be recorded by Civil Court having jurisdiction. Simultaneously, the order passed in one suit could not be sought to be recalled by way of filing another suit before the same Court, ignoring its’ challenge in accordance with law before the higher forum. In these circumstances, learned Anti-Encroachment Tribunal Larkana, was right to dismiss the suit of the petitioner by way of impugned order, which is not calling for interference by this Court by way of instant constitutional petition, it is dismissed in limine.

J U D G E

   J U D G E