ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 2947 of 2013
a/w C. P. No. D – 1114, 1183 of 2014, 1343, 3036, 3825 of
2015, 2143 of 2016, 668, 929, 999, 1271, 1808 of 2017, 23, 262, 434, 719, 1413,
1418, 1521, 1659, 1670 & 1949 of 2018
Date of hearing |
Order with signature
of Judge |
1.
For orders on CMA No.5954/2014
2.
For hearing of main case
27.02.2019
M/s Muhammad Sadiq Ansari, Mian
Mumtaz Rabbani, Manoj Kumar Tejwani,
Nusrat Hussain Memon, Gul Feroze
Kalwar, Shakeel Ahmed Kalwar,
Abdul Waheed Bhanbhro and
Muhammad Qayyum Arain advocates for petitioners.
M/s Noor Hassan Malik and Mehboob Ali Wassan, Assistant Advocate General Sindh a/w Nazir Ahmed Mukhtiarkar Kotdiji, Athar Hussain Mukhtiarkar
Salehpat, Amanullah Dahar Mukhtiarkar Ubauro, Zahid Ali
Shah Mukhtiarkar Rohri, Rahmatullah Sahito Mukhtiarkar Sobhodero, Ahmed
Saeed Siddiqui, AEN Highways, Pano
Akil, Sajjad Ahmed Mahesar
Mineral Dev: Officer Sukkur, Riaz Ali Bhutto, Assistant, Survey Office,
Khairpur.
.................
This bunch of cases involve a common
question that concerns with the demarcation of the land. In some of the cases
the land is disputed, however, the petitioner claims to have been in
occupation. In these matters, neither the title of the land is being determined
nor the occupation of any occupier is being legitimized. These petitions are
only being entertained on account of the fact that they claim to have moved an
application for demarcation of the land which they either occupied or on the
strength of title or claimed to have been trespassed by other trespasser or
adjoining land owner. Without prejudice to the right of any one over the land,
in case such application for demarcation is filed by the petitioners before the
Revenue authorities in terms of Section 117 of the Land Revenue Act, 1967, it
may be forwarded to the concerned Mukhtiarkar who may
act accordingly by issuing notices to the Survey Superintendent who may depute
their technical team and notices may also be issued to all khatedars
for demarcation of the land alone. This process, however, as stated above, would
neither determine title nor take away rights of any one in respect of which
litigation is pending either before this Court or before civil Court and / or
appellate Court. This process is only meant for the boundaries of the land to
be determined.
All the
petitions stand disposed of in the above terms along with listed
applications.
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U D G E
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J U D G E
N.M.