IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt.Petition No. D –1565 of 2019.

DATE OF

HEARING

ORDER WITH SIGNATURE OF JUDGE.

For hearing of main case.

17.12.2019.

Mr.Athar IqbalShaikh Advocate forpetitioner.

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Through this petition, the petitioner has prayed for the following relief(s);

(a) That this Honourable Court may be pleased to direct the respondents to provide protection to the property of the petitioner.

(b) To direct the respondent No.4not to change the property of petitioner with unlawful manner.

Learned Counsel for the petitioner at the very outset does not press prayer Clause-A,which stands dismissed as not pressed. However, he has pressed other prayer clauses and submits that notice may be issued to the respondents.

The case of the petitioner is that petitioner is owner of plot out of S.No.297, 299 and 302 measuring (00-20) Ghuntas situated in dehNaushehroFeroze and petitioner is enjoying the peaceful possession since last more than three years but now the respondent No.4 Mukhtiarkar Revenue NaushehroFeroze wants to change the record of property of petitioner and has submitted bogus report before respondent No.5. He further submits that respondent No.6 has filed revenue appeal before the respondent No.5 which is pending. He submitted that respondent No.5 has no jurisdiction to proceed with the revenue appeal and only civil Court is competent to decide the case relating to the property in dispute.

Perusal of record reflects that respondent No.6 Qurban Ali has filed appeal u/s 161 West Pakistan Land Revenue Act, 1967 against petitioner & others before respondent No.2 with prayer to cancel the mutation in favour of the petitioner from the revenue record, which appeal is pending adjudication before him but petitioner has directly approached this Court for obtaining restraining order against respondent No.4 not to change the property of petitioner which on face of it is not proper forum without first approaching proper forum i.e. competent Civil Court.

In view of above, we are of the considered view that since revenue appeal is pending before respondent No.5 but petitioner has directly approached this Court and has not come to this Court with clean hands, therefore, the instant petition is dismissed in limine. However, petitioner is directed to first approach before proper forum, if he is advised so.

Instant petition stands disposed of in the above terms.

JUDGE

Ihsan.