ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

                                                C.P.No.D- 685  of  2015

DATE        ORDER WITH SIGNATURE OF JUDGE

          1. For orders on MA 1793/2016.

          2. For orders on MA 379/2016.

          3. For orders on office objection.

          4. For Katcha Peshi.

Date of hearing:    10.02.2016.

Mr. Mumtaz Alam Leghari, Advocate for petitioner.

Mr. Ashfaque Nabi Kazi, Assistant A.G.

KHADIM HUSSAIN M. SHAIKH, J:   The petitioners through this petition, has sought for the following relief:-

“A)  To direct the respondents No.2 to 5 to get vacate the illegal Qabza of private respondents upon 6.00 acres agricultural land of the petitioner’s family and restore the possession of petitioner with immediate effect.

A)    To direct the respondents No.2 to 5 to take stern legal action against the private respondents and restrain them no to issue threats of dire consequences and not to cause any type of harassment to the petitioner and his family.

C)    To restrain the respondent No.5 for not causing illegal type of harassment by himself or through his subordinate staff.

D)    To direct the official respondents to take undertaking from the private respondents for not causing any harassment to the  petitioner’s family.

E)    To direct the respondents No.2 to 5 for providing legal protection of life, honour, prestige and property to the petitioner and his family members.

F)    Costs of the petition may be saddled upon the respondents.

G)    Any other relief(s) which this Honourable Court deems fit, just and proper in favour of the petitioner.”

          Learned advocate for the petitioner has contended that the petitioner is the owner of agricultural land admeasuring 54-33 acres by way of inheritance which included an area of 11-33 acres purchased by his mother Mst. Mariam Khatoon, situated in Deh-3 Jamrao, Taluka Sinjhoro District Sanghar; the petitioner’s father continuously remained seriously ill and during his serious illness, the private respondents being the group of Qabza Mafia developed evil designs to grab the land of the petitioner and ultimately on 17.11.2007 they illegally dispossessed the petitioner and occupied an area of 6-00 acres without any legal authority; the petitioner approached the local administration as well as Nekmards of the locality for redressal of his grievance against the private respondents No.6 to 11 but to no avail; on 28.03.2015 all the private respondents duly armed with deadly weapons came infront of the house of the petitioner and by making arial firing created terror in the vicinity and extended threats of dire consequences to the petitioner asking them not to approach any authority for vacation of illegal Qabza of the respondents over his land. Then on advise of the Mohalla people, petitioner approached the respondent No.5 SHO Police Station Khadro and requested him to get the Qabza of private respondents over the petitioner’s agricultural land vacated and to register FIR against the private respondents but due to political influence exerted on him, he ultimately refused to take any action against the private respondents. The learned counsel for the petitioner therefore prays that direction be given  to the respondents No.2 to 5 to get the illegal Qabza of private respondents on his 6-00 acres agricultural land vacated and the possession be restored to the petitioner.

          From the face of record, the matter is involving dispute between two private parties over the possession of agricultural land. It is well settled that dispute between two private parties over the matter like matter in hand cannot be sifted or decided in these proceedings under the provisions of Article 199 of Constitution of Islamic Republic of Pakistan, 1973. On a query as to how this petition is maintainable, learned advocate for the petitioner has not been able to satisfy us on the maintainability of this petition. Accordingly, the petition being not maintainable is hereby dismissed with no order as to costs alongwith listed applications. However, petitioner shall be at liberty to avail the remedy, if any, available to him before the forum of competent jurisdiction.        

                                                                                       JUDGE

                                                          JUDGE

Tufail