ORDER SHEET
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Date Order with
signature of Judge
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FOR KATCHA PESHI.
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02.04.2009
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Mr. Muhammad Nadeem
Qureshi, advocate for the petitioner.
Mr. Miran Muhammad
Shah, Addl. A. G. Sindh for respondent No.1.
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The petitioner M/s. Black Stone Developers, a partnership firm, has preferred this constitutional petition through its partner Khursheed Alam, for seeking following reliefs in the matter.
a) To declare the act of
respondent No.1 with the wilful convenience and affiliation of respondent No.5
by imposing the embargo against the said property of the petitioner on Form-VII
of the record register U/s. 164, Sindh Land Reforms Act is illegal, ultra vires
and without lawful authority.
b) To declare the entry made by
the respondent No.5 under the affiliation of other respondent on Form-VII of
the said property bearing Entry No.35-171/186, measuring 4 Acres & 9
Ghuntas out of Naclass No.170, situated at Deh Safooran, Tappo Songal, Karachi
illegal, ultra vires and direct the respondent No.5 to remove the same as the
same impugned objection was made behind the back of the petitioner.
c) To declare and direct the
respondent No.5 to proceed with the process of transfer of said property from
Form-VII to Form-II as applied by the petitioner in accordance with the law.
d) To grant any other relief or
reliefs deemed fit and proper under the circumstances of the case.”
2. In brief, case of the petitioner is that
they have purchased the said land measuring 4 Acres and 9 Ghuntas out of
Naclass No.170, Deh Safooran, Tappo Songal, Karachi from Rakhial son of Habib
through his sub-attorney Muhammad Arif Ragotia through registered sale deed
bearing Registration No.265 dated 25.05.2005. When the petitioner had
approached the Revenue Authorities for change of Khata according to the
registered sale deed in their favour, they came to know about the existence of
the Entry dated 09.08.2006 in Deh Form VII by the Member, Board of Revenue
(LU), Government of Sindh, which reads as under:
“The applicant Rakhial has gone before the
MBR (LU) u/s 164 SLR Act 6 against this entry, hence the entry should not be
countersigned till his orders.”
3. Submission of the learned counsel is that making of such entry in Deh Form VII, which too without affording any opportunity of hearing to the petitioner, is wholly illegal and thus liable to be corrected/deleted, as mere pendency of some proceedings under Section 164 of the Sindh Land Revenue Act will not furnish a valid ground for maintaining such entry in the revenue record.
4. During the proceeding of this petition, it has come to our notice that a suit instituted by the petitioner being Suit No.852/2007 is also pending in the High Court relating to the same controversy, we had, therefore, called upon the learned counsel for the petitioner to place on record all the relevant record regarding such litigation, which he has placed on record vide statement dated 25.03.2009. Perusal of such record particularly the pleadings of the parties clearly show that there is serious dispute of title between various parties and the Government of Sindh about the real ownership of the disputed land, subject matter of this petition. This position is further amplified from the order dated 19.03.2008 passed in the said suit.
5. This being the position, we are unable to understand the wisdom of the petitioner in filing this separate petition for seeking deletion of the Entry dated 09.08.2006, which is an offshoot in continuation of the title dispute between the parties in respect of the said land. The submission of the learned counsel for the petitioner that the said entry in the revenue record, without any notice or opportunity of hearing to the petitioner, has also no force, as it is in existence for over two years i.e. August, 2006, and this petition has been filed by the petitioner in January, 2009, and during the intervening period, he has also gone into civil litigation in respect of the same land, by way of Suit No.852/2007 filed on 07.10.2007.
6. Looking to the serious nature of dispute about the title of the suit land, we are not inclined to pass any order in this petition regarding the Entry dated 09.08.2006, and leave it open for the Revenue Authorities to verify about the proceedings under Section 164 of the Sindh Land Revenue Act, if any, initiated by applicant Rakhial, within two months from the date of this order and thereafter either to maintain this entry or to delete it, if no more required.
With these observations this petition is disposed of.
CHIEF JUSTICE
J U D G E
Azeem