ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C.P. No.D-699 of 2020

Petitioner : Katoo Sher and others

Through Mr. Hadi Bux Bhatt, advocate

Date of hearing : 16.07.2020

Date of Order : 16.07.2020

*************

O R D E R

ADNAN-UL-KARIM MEMON, J: Through this petition, the petitioner has prayed for demarcation and measurement of 70 acres un-surveyed agricultural land of the petitioners which was leased by the government in 1991-92 under the land reform scheme.

2. We asked learned Counsel to satisfy this Court with regard to maintainability of instant petition on the premise that identical petitions of similar nature have already been disposed of by learned Division Bench, Circuit Court, Hyderabad, in C.P. No.D-1857/2019 vide common order dated 26.11.2019.

3. Mr. Hadi Bux Bhatt learned Counsel for the petitioner, argued that the Mukhtiarkar concerned has expressed his reluctance towards demarcation of his land on the premise that the demarcation could not be carried out due to certain objections; that he has to exercise the powers for demarcation of the land, but has failed to perform his duty; and, that the petitioner moved application Mukhtiarkar concerned for demarcation under the relevant law and rules but all his efforts went in vain. Learned Counsel further stated that the official respondents turned a deaf ear to the petitioners’ grievances, compelling him to approach this Court. He lastly prayed for direction to the Revenue Officer concerned and Director Settlement Surveys & Stamp to carry out the demarcation of his land in accordance with law.

4. We have heard the learned Counsel at length on the point of demarcation of land under the Revenue Law and perused the material available on record. This court has already decided the issue involved in the matter in C.P. No.D-1857/2019 vide common order dated 26.11.2019. An excerpt of the same is reproduced as under:

“13. Since applications for demarcation filed by some of the petitioners are admittedly pending before the competent authority and such authority has failed to exercise the jurisdiction vested in it by law, Senior Member Board of Revenue Sindh is directed to depute Mukhtiarkar / Revenue officer for the area concerned, who shall hold an inquiry regarding the legality and genuineness or otherwise of the petitioners’ ownership documents, possession, etc., or dispute / litigation, if any, and then to complete the exercise of demarcation of their land subject to their entitlement strictly in accordance with Rule 67-A and Section 117 ibid, as amended up to date within thirty (30) days of receipt of their application. The above exercise shall be carried out by the Mukhtiarkar concerned with the assistance of Settlement Survey and Land Record Department. However, if the application for demarcation filed by any of the petitioners is rejected for any reason, the reasons of such rejection must be recorded in writing by the Mukhtiarkar concerned after providing opportunity of hearing to all concerned within a period of one month from the date of receipt of this order. 14. Petitioners who have not availed the remedy in accordance with law before approaching this Court, may avail their remedy by filing proper applications before the competent authority along with supporting documents, which shall be decided in terms of the direction contained in paragraph 13 supra. Regarding the cases wherein factual disputes are involved, needless to say that such parties may approach the competent civil court for redressal of their grievance in accordance with law. 15. As the petitioners have not been able to convince us that they have availed / exhausted their remedy in accordance with law before filing these petitions, office is directed not to entertain such petitions for measurement / demarcation / partition / mutation of land wherein (a) petitioner has not approached the competent forum in accordance with law ; (b) petitioner’s application for such purpose is pending before the competent forum ; and/or (c) any factual controversy with regard to the subject land and/or khatedars is involved, or any litigation in respect thereof is sub judice before any forum. 16. All the captioned petitions stand disposed of in the above terms along with pending application(s) with no order as to costs. Let notice be issued to 6 Senior Member Board of Revenue Sindh, Mukhtiarkars concerned and Director, Settlement Survey and Land Record for compliance.”

6. In view of above facts and circumstances of the case, this petition is disposed of in the terms of common order dated 26.11.2019 as discussed supra.
JUDGE

JUDGE