ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.D-388 of 2012

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

05.09.2012

For Katcha Peshi.

Mr. Zamir Hussain Naqvi, advocate for petitioner, alongwith petitioner.

Mr. Muhammad Bachal Tunio, Addl. A. G., assisted by Mr. Naimatullah Bhurgri, State Counsel.

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Mr. Rafique Ahmed K. Abro, advocate, files Vakalatnama on behalf of respondent No.5 and requests for time to file the comments.

The petitioner has filed the present petition with the following prayers :-

a) this Hon’ble Court may respectfully be pleased to direct the respondent No.1 to issue certified true copies of the record of rights of the land of the petitioner, his brother late Kashif Ali and their mother Mst. Panah Khatoon, mentioned at para No.2 of the petition;

b) To direct the respondent No.1 to get the land of the petitioner measured, demarcated and separated from the other land/survey numbers and handover the peaceful possession of the petitioner’s land in his favour;

c) further direct the respondent No.1 to change the record of rights in favour of legal heirs of brother of petitioner and also mother of petitioner, namely Kashif Ali and Mst. Pannah Khatoon, according to law and their entitlement;

d) award costs of the petition to the petitioner;

e) grant any other equitable and adequate relief in view of the above-stated facts and circumstances of the case.

The jurisdiction for separation of the subject-land and other lands or making any change in the record of rights lies with the Assistant Commissioner/Deputy District Officer and not with the Mukhtiarkar/respondent No.1. The petitioner is, therefore, directed to approach the concerned Deputy District Officer/Assistant Commissioner, who will decide the matter in issue within 60 days time from today after issuing notice to all the concerned parties and affording them opportunity of hearing. On these directions, learned Counsel for the petitioner is satisfied and does not press the present petition. The petition is disposed of accordingly.

JUDGE