IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D469 of 2021                 :           Ishfaque Ahmed Suhandrovs.

Bhagial& others.

For the Petitioner                 :           Mr. Abdul Rehman A. Bhutto, Advocate

Dates of hearing                  :           22.02.2022.

Date of announcement      :           22.02.2022.

ORDER

Agha Faisal, J.         The petitioner has challenged the judgment of the learned Anti-Encroachment Tribunal Larkana, dated 30.04.2021, whereby the petitioner’s suit was dismissed and it was observed that no encroachment was found. It is considered appropriate to reproduce the operative findings herein below:

            “In the light of above verification report of the Office of the Commissioner Larkana Division Larkana the all exercises of the present suit become futile even though the encroachment was not found against the defendant Nos. 1 to 3 and it is also revealed that the existence of village Islam-u-ddinSuhandro does not found in the official record, which is the suit property. The plaintiff has not come with clean hands and produced, false and managed one document, which is not genuine and concealed the real facts before this Tribunal, hence this suit is dismissed in limine.”

The petitioner remained unable to dispel the conclusion drawn by the learned court and could not demonstrate that the said findings could not be rested upon the record / evidence considered. Even otherwise the writ jurisdiction is not an appellate forum and ought only to be invoked under circumstances demonstrably absent in the present case. Counsel remained singularly unable to identify any infirmity in respect of the impugned judgment. The plea for reconsideration of the evidence / record by this court was untenable as the same ought not to be undertaken in the writ jurisdiction. In view hereof, this Court is constrained to observe that no case has been set forth for the invocation of the discretionary[1] writ jurisdiction of this Court, hence, this petition is hereby dismissed.

                                                                    JUDGE

JUDGE

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[1]Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.