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

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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