IN THE HIGH COURT OF SINDH AT KARACHI
Present:
Mr.
Justice Nadeem Akhtar
Mr.
Justice Fahim Ahmed Siddiqui
C.P.No. D - 854 of 2017
Shamsher
Khan
....
...
..Petitioner
Versus
Government
of Sindh and 06 others.
..
.Respondents
Date
of Hearing : 02.03.2017
Mr. Arshad Mughal holding brief for
Mr. Tahir Hassan Qureshi, advocate for the petitioner
Mr. Ahmed Ali Ghumro, advocate for Board of Revenue
Shaikh Liaquat Hussain, Assistant Attorney General
Mr. Miran Muhammad Shah, AAG Sindh
Barkat Ali, Mukhtiarkar, district West, Gothabad
J U D G M E N T
FAHIM AHMED SIDDIQUI, J: Through the instant petition, the petitioner has sought direction against
the official respondents to get vacated the subject land i.e., Hassan Brohi
Goth, deh Nagan, Naclass-30, district West, Karachi from illegal encroachment
of the private respondents No.5 to 7.
2. The
petitioner has filed instant petition claiming to be the owner of the subject
land on the basis of a Sanad (page 15). Perusal of the said Sanad clearly shows
that the same does not bear its issuing date as such vide order dated 21.02.2017,
the petitioner was directed to appear in person before this court alongwith his
original CNIC. The concerned Mukhtiarkar, Sindh Gothabad Scheme Karachi was also
directed to appear alongwith entire original record of the subject land to
verify the genuineness of the alleged Sanad.
3. In
compliance of the above direction, Barkat Ali, Mukhtiarkar,
district West, Gothabad appeared and produced a copy of Public Notice
dated 03.06.2009 in which it is specifically mentioned that the Sindh Gothabad, Board of Revenue Sindh imposed
complete ban on sanctioning of new villages and to issue Sanad(s) in the year
1996 for Karachi. He also verified that the Sanad of the petitioner
(available at Page-15) is not issued from his office as the same is a forged
and fabricated document.
4. Today,
neither the counsel for the petitioner nor the petitioner is in attendance to
verify the genuineness of alleged Sanad. We also checked the copy of the alleged
Sanad and found it dubious because the alleged Sanad did not bear any issuing
date and now it is established that the same is a forged document. We consider
that it is a very serious matter in which the petitioner played mockery with
this Court by filing forged and fabricated document. It is worth noting that he
has also filed an affidavit with the instant petition as well as supporting
affidavits with different applications filed in the instant petition, as such his
act may also attract the offence of perjury.
5. In
these affairs of the state, the office is directed to send a complaint under
section 200 of the Code of Criminal Procedure by invoking sections 193, 198,
199, 419 and 468 of the Pakistan Penal Code to the learned District and
Sessions Judge, Karachi Central. The learned District and Sessions Judge is
directed to assign the matter to the court having jurisdiction for taking
cognizance and trial of the accused Shamsher
Khan son of Pisha Khan, resident of A-34, Rahmanabad, Block-5, Federal B
Area, Karachi. We also direct that all the forged and fabricated documents
should be impounded and the entire case file will remain in safe custody of
Assistant Registrar of Writ Branch till completion of the trial of accused.
6. The instant petition is dismissed alongwith listed
applications with a warning to the learned counsel Mr.Tahir Hassan Qureshi, Khan
to be careful in future.
JUDGE
JUDGE