ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. D- 1259 of 2009.   

Date	Order with signature of Judge

1. For  orders on office objection.

2. For katcha peshi.

13.01.2011.

                        Mr. Shamasuddin Abbasi, Advocate for petitioner.

                        Messrs Gulaldas and ALtaf Hussain Surahyo, Advocates for respondent No. 2.

                        Mr. Abdul Hamid Bhurgri, Addl. A.G. alongwith Inspector Ali Bux Dhakan SPO Madeji and SIP Khadim Hussain SHO Madeji.

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                        Through instant petition, the petitioner has expressed his grievance against the respondent No. 2, who as per petitioner inspite of litigation in respect of the subject land having been decided by the Hon’ble apex Court in his favor, is continuously causing harassment and violating the Court’s order. It is further contended that the execution proceedings No. 05/2005, were concluded, however on account of violation by the respondent No. 2, with the active connivance of the official respondents contempt proceedings are pending before learned 1^st Senior Civil Judge, Shikarpur. The official respondents have filed their comments and have denied all the allegations. It is further contended by the official respondents present in Court that no harassment whatsoever is being caused to the petitioner, nor the official respondents have violated any order passed by this Court and executing Court.

                        Learned Addl. A.G. states that no harassment whatsoever has been caused and protection as per law will be provided to the petitioner, as and when required.

                        Learned counsel for respondent No. 2, submits that instant petition is misconceived, as the execution has duly been satisfied and no harassment whatsoever has been caused by the respondent No. 2.  The learned counsel for the petitioner states that there is open place in-front of the subject land of the petitioner, which is eight fee in size, upon which the respondent No. 2 is trying to encroach and the petitioner is approaching government for redressal of such grievance. The learned Addl. A.G. states that the government land shall be protected by the government and will be dealt with in accordance with law. 

                        In view of the above facts, it appears that the subject land has duly been demarcated, possession has been handed over to the petitioner and mutation in his favor has been made and execution proceedings have been concluded and satisfied. As regards the allegation of petitioner against respondents for having attempted to trespass over the land of the petitioner, the petitioner may approach the proper forum seeking his grievance. In view of the above, the instant petition stands disposed of.

                                                                                                                        Judge

                                                                                    Judge