`ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Const. Petition No.D-472 of 2006

Date                                         Order with signature of Judge

1. For Katcha Peshi.

2. For hearing of CMA No.1810/06

26.4.2007.

Mr. M. Islam Leghari, for the petitioners.

Mr. K.B. Bhutto, for respondents Nos.1 to 7.

Mr. Ahmed Ali Pirzada, AAG, for respondents Nos.8 to 10 alongwith Ramesh Kumar, Deputy Secretary (Revenue) and Ahmed Memon, Mukhtiarkar Sakro.

…..

Through this Const. Petition the petitioners claim that the property, which is in possession of respondents Nos.1 to 7, is a government land and the respondents Nos.1 to 7 have unauthorizedly occupied the same having no lawful title. The petitioners further claim that the government land, in possession of respondents Nos.1 to 7, whenever is being disposed of shall be given to the petitioners and other residences of the area as the land is adjacent to their village. The respondents Nos.1 to 7, other the other hand, claim that they are the lawful owners/allottees/lessees of the government by virtue of Sale Deed(s) executed by their predecessors-in-interest, who were the original allottees of the government. This position is being opposed by the Revenue Department and according to them the land which is in possession of respondents Nos.1 to 7 is a government land and the material, on the basis of which the respondents Nos.1 to 7 claim their title, is based on fabricated documents.

We will not travel into these questions as they are disputed questions of facts and in exercise of constitutional jurisdiction this Court cannot give a finding in view of the constraints. We, therefore, dispose of this petition alongwith the listed CMA with the direction to the parties to approach the appropriate forum for redressal of their grievances.

Const. Petition No.D-472 of 2006 stands disposed of in the above terms.

Judge

Judge