IN THE HIGH COURT OF SINDH, SUKKUR BENCH, SUKKUR

C.P No.D-1005 of 2023

Present:

Mr. Justice Yousuf Ali Sayeed,J

Mr. Justice Zulfiqar Ali Sangi,J.

Petitioner: Jumo s/o Soomar through Mr Muhammad Qayyum Arain, Advocate.

Respondent: P.O Sindh and others through Mr. Ghulam Abbas Kubar AAG.

Date of hearing: 06.12.2023

Date of decision: 06.12.2023

O R D E R

Zulfiqar Ali Sangi, J: Through instant petition the petitioner seeks directions to the Respondents No. 2 to 5 for issuance of true copies of the record/entry No. 180 and 182, Deh and Tapo Wasti Qutubuddin Taluka and District Ghotki. The petitioner appended photo copies of the said entries alongwith the petition.

2. After notices the Respondents 2 to 5 filed their respective comments/objections wherein they denied the allegations in the petition and in reply to para No.2 they submitted that the petitioner and his brother Dad Muhammad are the resident of village Jam Mevo Chachar Deh Satabo Bhayo and they are claiming to have subject land allotted to them in Deh Wasti Qutubuddin. The respondent denied the production of original allotment order of the land before them. The applications annexed by the petitioner were stated to be filed by his brother were decided by the respondent No.4. The respondents in respect of the copies of the entries No. 180 and 182 of K-II attached with petition claimed that said entries are not available in the original record.

3. Under the above circumstances we are of the view that a factual controversy is involved in the matter which requires recording of evidence and the said exercise cannot be undertaken in the constitutional jurisdiction. Resultantly, the petition being not maintainable is dismissed leaving the petitioner to avail other remedies available to him under the law.

J U D G E

J U D G E