ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
C. P No.D- 4519 of
2015
Hearing of case
(Priority)
1. For
hearing of CMA No.12666/2015 (S/A)
2. For
hearing of main case
12.02.2019
Mr. Fayaz Ahmed A. Soomro Advocate
for the petitioner
Mian Mumtaz Rabbani Advocate for
respondents 12 to 17
Agha Ather Hussain Pathan, AAG Sindh
>>>>>>>…<<<<<<<<
IRSHAD ALI SHAH, J. The
petitioner by way of instant Constitutional petition has sought for the
following relief;
(a) “To direct
the respondents not to flow the illegal/un-sanctioned water course from Water
Course No.14-AR, which is designed to irrigate the land situated in Deh
Behanwari.
(b) To restrain
the respondents while granting the status-quo not to occupy the lands of the
petitioner till final decision of this petition.
(c) To
restraint the official as well as private respondents not to flow the illegal
and un-sanctioned water course in order to provide the safeguard to the
khatedars of tail end who are irrigating their lands on the water course
No.14-AR.
(d) To direct
the respondents not to harass and pressurize the petitioner while adopting the
illegal means.
(e) To award
costs of the petition.
(f) To grant
any other equitable relief as this Honourable Court deems fit in the above
circumstances.”
2. The facts in brief necessary
for disposal of instant Constitutional petition as per petitioner are that his
grandfather was having the landed property in Deh Rip Taluka Salehpat, District
Sukkur which was fraudulently entered in revenue record in the name of one Jai
Ram Das Hindu and then was transferred illegally in favour of Central
Government. It was then allotted to Syed Habib Ahmed Alvi, on the basis of
false claim and then he transferred the same to his son Syed Aziz Ahmed Alvi.
The petitioner being aggrieved of above said transaction filed a civil suit
before the Court having jurisdiction. In the meanwhile as per petitioner,
private respondent with the help of official respondents tried to change the
flow of water from his lands in order to occupy his landed property. It was in
these circumstances, the petitioner filed the instant Constitutional Petition
for the relief as stated above.
4. It is contended by learned
counsel for the petitioner that the respondents in collusion with each other in
order to defeat the rights of the petitioner are not only attempting to occupy
his lands but are intending to change the flow of water to his landed property.
By contending so, he sought for grant of relief in favour of the petitioner as
is prayed for.
5. It is contended by learned
counsel for the respondents that the petitioner has lost his civil litigation
and he in order to continue with illegitimate cause has filed the instant
Constitutional petition before this Court. By contending so, they sought for
dismissal of the instant Constitutional petition.
5. We have considered the above
arguments and perused the record.
6. If
the contents of petition are taken to be true, then the title of the petitioner
over the land under dispute is not clear same at present is lying with Syed
Aziz Ahmed Alvi. In that situation, the petitioner could not be allowed to
continue with his possession over the landed property of someone else under the
pretext that the respondents are putting an attempt to change the flow of
irrigating water to his landed property. Be that as it may, the controversy
which is advanced by the petitioner even otherwise being factual in its nature
could not be resolved by this Court in exercise of its Constitutional
jurisdiction.
7. Above are the reasons of short
order dated 12.2.2019 whereby the instant Constitutional petition was dismissed
along with listed application.
Judge
Judge
ARBROHI