IN THE HIGH COURT OF SINDH AT KARACHI

 

                                             Present:

                                       Mr. Justice Nadeem Akhtar

                                       Mr. Justice Fahim Ahmed Siddiqui

 

C.P.No. D -  1306 of 2017

 

Jumma Khan……….……………....……………...…………………..Petitioner

 

Versus

 

Arif Habib and 05 others…………………………...…………….Respondents

 

Date of Hearing :                       31.03.2017

 

Mr. M. Ishaq, advocate for the petitioner

Petitioner No.1 is present (CNIC No.41102-8456645-3)

Mr. Miran Muhammad Shah, AAG Sindh

Barkat Ali Kalhoro, Mukhtiarkar, Gothabad

Abid Hussain Zawabi, Member Gothabad Sindh

 

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 provide them protection and to restore their possession.

2.         The petitioners have filed instant petition claiming their rights in plots Nos. C-2 (measuring 240 sq. yds), C-42 (measuring 240 sq. yds) C-33 (measuring 360 sq. yds) and C-36 (measuring 360 sq. yds), all plots are situated in Ghazi Goth, Deh Halkani, Tapo Manghopir, Karachi. It is claimed by the petitioners that these plots are owned by them or their father and they have Sanads from Sindh Gothabad Scheme and Form-II is also issued in their favour. The petitioners further submit that they built houses and started residing therein and then they went to their native village in District Badin. After returning, they saw that the private respondents have demolished their houses and included the same in the boundary wall of their proposed housing scheme. The petitioners also levelled allegation of stealing household articles etc.

3.         Perusal of the said Sanads (pages 21 & 27), issued to petitioners, apparently seem to be fictitious as the same do not bear issuing dates as such vide order dated 03.03.2017, the concerned Mukhtiarkar, Sindh Gothabad Scheme Karachi was directed to appear alongwith entire original record of the subject land to verify the genuineness of the alleged Sanad.

4.         In compliance of the above direction, Mukhtiarkar Gothabad, district West, Gothabad appeared and verified that the Sanads of the petitioners are not issued from his office as the same are forged and fabricated documents. However, regarding entries in record, he was not clear as the register is maintained in the head office. 

5.         Today, the petitioner No.1 Juma Khan and his counsel are in attendance. They have not placed on record anything regarding genuineness of alleged Sanads. Member Gothabad and Mukhtiarkar Gothabad, District West are also present and they categorically stated that not only ‘Sanads’ annexed with the instant petitions are fake but also the extracts of entries filed by petitioners are counterfeited. 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 both of them have also filed affidavits with the instant petition. Both of the petitioners appeared before the Affidavit and Identification Branch of this Court and sworn affidavit before the concerned officer of this Court. We are of the view that jointly their act of filing false document and initiating a false and frivolous proceeding by swearing false affidavit may attract the offence of perjury.

6.         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 persons namely (1) Jumma Khan (2) Adam Khan both sons of Ahmed Khan,resident of House No. 240, MPR Colony, Block ‘B’, Baloch Goth, Orangi Town, Karachi. We also direct that all the forged and fabricated documents should be impounded forthwith and the entire case file will remain in safe custody of Assistant Registrar of Writ Branch till completion of the trial of accused. The Assistant Registrar of Writ Branch is also directed to intimate the concerned trial court with the CNIC and Cell Phone numbers of the accused persons, which are available in their respective affidavits.

7.         The instant petition is dismissed along-with listed applications with a warning to the learned counsel Mr. M. Ishaq advocate to be careful in future.

 

JUDGE

                                                          JUDGE