ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C.P. No.D-422 of 2020

Petitioner : Qurban Ali Mako

Through Mr. Shehzad Dreho, Advocate

Respondent No.7 : Bashir Ahmed Chandio

Through M/s. Mehfooz Ahmed Awan

and Farhan Ali Shaikh, advocates

P.O. Sindh : Through Mr. Zulfiqar Ali Naich, Assistant

Advocate General

Date of hearing : 15.07.2020

Date of Order : 15.07.2020

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O R D E R

ADNAN-UL-KARIM MEMON, J: After hearing the matter at considerable length, when the learned Counsel for the Petitioner is confronted with the decision dated 20.02.2008, handed down by the Executive District Officer (Revenue), Sukkur, in Land Grant Appeal Taluka Salehpat, he seeks disposal of the petition in the terms of aforesaid order.

All the learned Counsel for the parties and the learned AAG agreed that the present lis may also be decided/ disposed of in view of the operating paragraph of the aforesaid order as well as the report of Survey Superintendent, Khairpur, available at page-21 of the court file. For the sake of reference, operative part of the said order is reproduced hereunder:-

“ In this regard the Survey Superintendent Khairpur was directed to submit detailed report in the matter who vide his letter No.ZB/500 dated 19.04.2008 has reported the re-demarcation/ re-measurement of subject land carried out by the Survey party and reported that there is no any encroachment made by Society around the boundaries of village Abdul Sattar Mako and the above village is existing on original place. The total area of Village is 7-8 acres.

In view of the above circumstances, I find that at present there is no encroachment made by the Society upon the village Abdul Sattar Mako Taluka New Sukkur

With these observations, the application is disposed of accordingly”.

Prima facie, the petitioner has brought disputed questions of fact in the present petition, which cannot be adjudicated in writ jurisdiction, therefore, without touching the merits of the case, the captioned petition is disposed of as the matter between the parties has already been heard and decided by the learned EDO (Revenue) Sukkur, vide order dated 20.02.2008, as such, no further order is required on our part and it is for the parties to take resort of civil or revenue hierarchy, if so advised, in accordance with law.

This petition stands disposed of in the above terms alongwith pending application(s), if any.

Judge

Faisal Mumtaz/PS