IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D37of 2021                    :           Aijaz Ali Gopang & others vs.

Anti-Encroachment Tribunal &Others

For the Petitioners               :           Mr. Mazhar Ali Bhutto, Advocate

Dates of hearing                  :           10.03.2022

Date of announcement      :           10.03.2022

ORDER

Agha Faisal, J.         (1)Deferred. (2) Granted; subject to all just exceptions. (3) The present petition challenges the order of the learned Anti-Encroachment Tribunal, Larkana dated 17.12.2020. The operative part whereof is reproduced hereinbelow:

“In view of facts and above findings the following Orders are passed:

i. The private defendants or whoever may be which made illegal encroachment on S.No.565 government (Golimar) land/property are directed to vacate and demolish encroachments made by them situated near Civil Hospital Kamber, within 60 days from date of this Order and hand over its peaceful and vacant possession to the Assistant Commissioner and Senior Superintendent of Police Kamber.

ii. And if, encroachers failed to do so, after stipulated period, the Assistant Commissioner/Deputy Director Anti-Encroachment Force, Taluka Kamber, Senior Superintendent of Police and Mukhtiarkar Kamber, jointly shall demolish said encroachments, and retrieve removal of structure from the private defendants / encroachers or whoever may be, as arrears of land Revenue.

iii. Recovered costs of demolition and Removal of Structure and arrears of rent from encroachers shall be deposited in Sindh Government Treasury, as land Revenue.

iv. The concerned police shall provide foolproof security to officials at the time of Anti-Encroachment drives as when required.

v. In future, if same state land and public property is encroached, the land officials defendant especially, i.e. Assistant Commissioner / Deputy Director, Anti-Encroachment Force, Taluka Kamber, Senior Superintendent of Police and Mukhtiarkar Kamber, would be held responsible and would be prosecuted under Section 3(4) of Sindh Public Property (Removal of Encroachment) Act, 2010, and other prevailing law of land.

vi. The Deputy Commissioner Kamber / Director Anti-Encroachment Cell Kamber, shall execute this order.”

            At the very outset learned counsel was queried as to whether the petitioners claim title to the subject property.  In response it was unequivocally stated that the subject property is infact public property, however, the petitioners have been in occupation thereof and have been using it for many years.  In view of the categorical admission of the counsel,the petitioners are admittedly encroachers and it is inconceivable that they would be entitled to any relief claimed in respect thereof.  The counsel has remained unable to identify any infirmity in the impugned order, meriting interference in the discretionary writ jurisdiction of this Court.  In view hereof it is observed that the present petition is entirely misconceived and without merit, hence, dismissed in limine.

                                                                   JUDGE

JUDGE