ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.     P. No.D-508   of 2010

 C.     P. No.D-1027 of 2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

02.02.2011.

1. For orders on office objection.

2. For Katcha Peshi.

Mr. Liaquat Ali Baloch, advocate for the petitioner in C. P. No.D-508/2010, alongwith the petitioner.

Mr. Ishfaque Ahmed Lanjar, advocate petitioners in C. P. No.D-1027/2010 and for respondents No.9 & 10.

Mr. Abdul Hamid Bhurgri, Addl. A. G., assisted by Mr. Ali Raza Pathan, State Counsel.

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                   Through instant petitions, the petitioners in both the petitions have approached this Court pursuant to their counter-claim over the unsurveyed land situated in Deh Pakko Kashmore. 

                   The petitioner in C. P. No.D-508/2010 claims entitlement towards the subject land pursuant to entry No.691, dated 29.9.2005 over subject land measuring 3783-9 sq. feet, purported to have been verified by Mukhtiarkar, Kashmore.  The petitioner further claims that he is in possession of residential house and four shops in such land.

                   The petitioners in C. P. No.1027/2010 claim their entitlement over subject land pursuant to entry of Deh Form II, purported to have been verified by Assistant Mukhtiarkar, Kashmore. 

                   There are also other documents attached by both the petitioners in support of their claims.

                   In C. P. No.D-508/2010, the petitioner has primarily impugned letter dated 25^th March, 2010, issued by the respondent No.1/b, addressed to D.I.G. Police, Larkana, whereby action has been recommended for removal of encroachment from the land.  From perusal of such letter, it appears that neither the identification or particulars of the land, from which encroachment is to be removed have been mentioned, nor any provision of law has been mentioned in such letter.

                   In C. P. No.D-1027/2010, the petitioners have prayed for issuance of directions to the respondents No.1 to 3 for demarcation of the subject property and removal of illegal possession.

                   The police officials have filed comments, wherein the allegations of harassment have been denied.

                   The learned Addl. A. G., while explaining the legal position, argued that it appears that the instant petitions appear to have been filed by the petitioners claiming their right and title over the disputed land, which cannot be resolved by this Court while exercising constitutional jurisdiction.   It has been further pointed out that any dispute regarding survey, demarcation of land can be resolved by the Revenue Authorities in terms of Land Revenue Act, whereas the entitlement over the subject land can be resolved by the competent Court of civil jurisdiction.

                   To this submission of the learned Addl. A. G., both the Counsel appearing for the parties do not dispute the legal position and are willing to approach before the competent authority for resolution of their dispute and the competent Court of civil jurisdiction seeking entitlement over the subject land.  However, the petitioner in C. P. No.508/2010 requests that the impugned letter issued by respondent No.1/b, available at page No.19, may be declared as null and void and no coercive action be taken unless the dispute is resolved by the competent forum/Court of law.

                   We have heard both the parties, as well as learned Additional Advocate General and perused the record.

                   It appears to be a disputed claim over the subject unsurveyed land, which cannot be examined by this Court while exercising constitutional jurisdiction.  Moreover, the self-contained mechanism and the remedy is provided in terms of Rules 67-A & 67-B of the West Pakistan Land Revenue Rules, 1968.  

                   As regards entitlement over the subject land, the same can be resolved by filing suit for declaration before the competent Court of civil jurisdiction by either party. 

                   Accordingly, both the petitions are hereby disposed of, however, both the parties are directed to maintain status quo and approach the Revenue Authorities for the purposes of redressal of their grievances, who shall decide their case expeditiously, preferably within period of 60 days, and the petitioners shall approach the Civil Court of competent jurisdiction for resolution of their dispute as to entitlement over the subject land.

                   As regards, the impugned letter in C. P. No.D-508/2010 issued by respondent No.1/b appears to have been issued without lawful authority, the same is hereby set aside.

                   Both the petitions stand disposed of in the above terms.

                                                                                                JUDGE

                                                                   JUDGE