ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 2902 of 2016
|
Date of hearing |
Order with signature
of Judge |
1.
For hearing of CMA No.7822/2016
2.
For hearing of main case
16.08.2018
Mr.
Munawar Alam Khan advocate for petitioner.
Mr.
Muhammad Shamim Khan advocate for respondents No.1 to 3.
Mr.
Nisar Ahmed G. Abro Deputy Attorney General.
Mr.
Noor Hassan Malik Assistant Advocate General Sindh.
.................
This
petition is filed by one Mukhtiar Ahmed claiming to
the lessee of the subject land. It is claimed that one Memon
Society, whose status is not known to the petitioner, has encroached certain
area of the subject land. Mr. Muhammad Khan appears for Evacuee Trust Property
Board and submitted that this land was declared as Evacuee Trust Property and
that a notification for taking over and assuming the management and maintenance
of the property was issued in 1979.
We
have heard the learned counsel and perused the material available on record. Although
it is claimed that petitioner is lessee of the property but no such deed is at
present available. The fact that the petitioner is lessee of the Evacuee Trust
Property Board may not have been denied by the learned counsel appearing on
behalf of Evacuee Trust Property Board, however, we are not concerned as to
whether such deed was executed or not. There are serious disputed questions of
facts as to whether Evacuee Trust Property Board or the petitioner were ever in
possession of the subject land. Vide notification referred above, they only intended
to take over management and maintenance of the property. When enquired about
the rights of the petitioner from petitioner’s counsel, in pursuance of the land
in question which claimed to have given for three years, learned counsel for
the respondents has become serious in agitating and providing a comfort zone to
the petitioner. In case the petitioner’s land is being encroached upon by the
respondent No.6, they have the liberty to approach the relevant forum as no
writ could be issued against the private entity. The petitioner has not
agitated any dispute against the Administrator of the Evacuee Trust Property
Board or any Government functionary. it is only respondent No.6 who claimed to
have encroached upon the land in question. Such question could only be resolved
through a forum where evidence could be recorded. The petitioner is at liberty
to agitate their grievance before a civil Court having jurisdiction, however,
this petition is not maintainable having disputed questions of fact and it is dismissed
along with listed application.
__________________
J U D G E
__________________
J U D G E
N.M.