IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Shamsuddin Abbasi, J.

CP D- 07 of 2002                 :           Nisar Ali Chandio vs.

Din Muhammad & others.

For the Petitioner                 :           Mr. Riaz Hussain A. Khoso, Advocate.

For the Respondents          :           Mr. Abdul Hamid Bhurgri, Addl. A.G.

                                                            Mr. Muhammad Imran Abbasi,

Assistant Attorney General.

Date of hearing                    :           15.03.2022.

Date of decision                   :           15.03.2022.

O R D E R

Irshad Ali Shah, J; Facts in brief necessary for disposal of instant constitutional petition are that as per petitioner, the land bearing Survey No.12/1 and 12/2, area measuring (05-02) acres in Deh Shahnawaz, Tapo Abra, Taluka Larkana was allotted to Syed Aiteqad Hussain under claim; which he sold to Naimatullah and he then purchased the same from Naimatullah through registered sale deed. Subsequently, on application filed by Din Muhammad; the entry in revenue record kept in favour of Syed Aiteqad Hussain with all subsequent entries were cancelled by the Commissioner Larkana, by making a conclusion that those have been kept in revenue record fraudulently, with directions to revert the subject land to Government Pool for its disposal as per Land Grant Policy with registration of case against the revenue officials for keeping such fraudulent entries in revenue record, vide order dated 01.08.2000, which is impugned by the petitioner before this Court by preferring the instant constitutional petition.

                        It is contended by learned counsel for the petitioner that the petitioner was purchaser of the subject land for value; therefore, he ought to have been heard by the Commissioner Larkana, prior to passing of the impugned order; therefore, such order being illegal is liable to be set aside by this Court in exercise of its constitutional jurisdiction. In support of his contention, he relied upon order dated 21.04.2005 passed by this Court in C.P.No.D-236/2000 (Re.Morio and others Vs. Muhammad Siddique and others).

                        None has appeared on behalf of the private respondents despite service of notice upon them by way of publication in daily newspaper    “Nawae Waqt” Karachi dated 27.08.2006. However, learned Addl.P.G and learned A.A.G have sought for dismissal of the instant constitutional petition by contending that the subject land was never allotted to claimant Syed Aiteqad Hussain and entry in revenue record was kept in his name by revenue officials by practicing fraud and it with all subsequent entries has rightly been cancelled by the Commissioner Larkana and order of this Court relied upon by learned counsel for the petitioner is having distinguishable facts and circumstances,    as in that case, there was no allegation of fraud.

                        Heard arguments and perused the record.

                        If for the sake of arguments, it is believed that the impugned order was illegal, then it was to have been challenged by the petitioner by preferring an appeal on revenue side or a declaratory suit before the Civil Court having jurisdiction. No such remedy is exhausted by the petitioner; therefore, preferring the instant constitutional petition before this Court straight away without exhausting the alternate and adequate remedies is appearing to be significant. If it is believed that the instant constitutional petition could be maintained before this Court, then the controversy with regard to the subject land having legally been allotted to Syed Aiteqad Hussain under claim or entry in his name in revenue record, having been kept fraudulently, being factual in its nature could not be resolved by this Court in exercise of its constitutional jurisdiction. Consequently, the instant constitutional petition being misconceived is dismissed accordingly.                                                                   JUDGE

JUDGE