ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.S-2448    of  2010

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

10.01.2011.

For Katcha Peshi.

Mr. Abdul Sattar M. Chandio, advocate for the petitioner.

Mr. Abdul Hamid Bhurgri, Addl. A. G., alongwith PSI Muhammad Hanif Metlo on behalf of D.P.O., Larkana & R.P.O., Sukkur, Shah Jahan Shah, SPO, Naudero, SIP Mumtaz Ali Abro, S.H.O. PS Naudero and HC Mumtaz of P.S Naudero.

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                   Through instant petition, the petitioner claims title over some land, on which, according to the petitioner, a government dispensary has been established, which was being run by the petitioner.  It is further stated that trees over subject land also belong to petitioner, whereas the police officials are trying to establish Police Chowki over subject land.  Comments have been filed by the concerned police, which are taken on record.  In such comments, it has been stated that no Police Chowki is being established over subject land.  It has been further pointed out that the petitioner has no title or any possessory right over the subject land.  On the contrary, the residents of the vicinity have complained that the petitioner has cut down certain trees and in order to escape such illegal cutting down of the trees this petition has been filed.  Bashir Ahmed is also present and verifies such statement of the police. 

                   The learned Addl. A. G., states that the petitioner has no title or possessory right over the subject property, whereas cutting of the trees is an offence, which may be taken care by the concerned department as per law. 

                   It has been further stated that since no Police Chowki is being established over the subject land, the instant petition is misconceived and liable to be dismissed. 

                   Accordingly, in view of above facts and in the absence of any document of title or any other document establishing the claim of either party over the subject land, the instant petition appears to be misconceived, which is accordingly dismissed alongwith listed application.  However, if the private parties have any claim regarding the title or possessory right over the subject land, they may approach the proper Court for proper adjudication.  However, the police officers present are directed to act strictly in accordance with law.

                                                                                                JUDGE