ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
C. P No. D- 43 of 2013
Date Order
with signature of Hon’ble Judge
Hearing of
case
1.
For orders on CMA No.144/2013
2. For hearing
of main case
24.04.2019
Mr. Tariq G. Hanif Mangi Advocate for the petitioner
Mr.
Sarfraz A. Akhund Advocate for private respondents
Agha
Ather Hussain Pathan, AAG Sindh
>>>>>>>>…<<<<<
It
is the case of the petitioner that he is in possession of the One Acre of the
land by the side of RD-56 of Purani Patni Wah, in Deh Trimoonh Jagir, Taluka
Rohri, District Sukkur, which is belonging to Irrigation Department Sindh. He
has applied for its lease with authorities concerned by making such application
and till the time his such application is disposed by the authorities
concerned, he may not be dispossessed from the above said land by any one. It
was in these circumstances, the petitioner has maintained the instant
Constitutional petition before his Court.
2. It is contended by learned
counsel for the petitioner that the petitioner is in peaceful possession of the
above said land and has got preferential rights to have it on lease. By
contending so, he sought for direction against the authorities concerned to lease
out the said land to the petitioner after lifting of such ban and he may not be
dispossessed there from, till final disposal of his application for its lease.
3. It
is contended by learned counsel for the private respondents and learned AAG
Sindh that the possession of the land is not lying with the petitioner. By
contending so, they sought for dismissal of the instant Constitutional petition
being incompetent.
4. We have considered the above
arguments and perused the record.
5. Two rival claims with regard
to the possession of the land have been put forward by both the parties; such
controversy being factual in its nature could not be resolved by this Court in
exercise of its Constitutional jurisdiction. If for the sake of arguments, it
is believed that the petitioner is in possession of the said land then it is
with him (if any) without any authorization. In that situation, his status over
the said land is that of encroacher / trespasser. The encroacher / trespasser could
hardly ask for equitable relief. If the petitioner is having a feeling that he is
entitled to have the above said land on lease then subject to qualification and
terms and conditions which are to be set by the authorities concerned, he could
participate in lease proceedings whenever it is launched by the authorities. At
present, it could be concluded safely that the instant Constitutional petition
is incompetent and same apparently has been filed by the petitioner to protect
his unlawful possession (if any) over the said land (public property).
Consequently, instant Constitutional petition is dismissed with no order as to
costs.
Judge
Judge
ARBROHI