ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-181 of 2015

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         for orders on office objections as flagged

                        2.         For Katcha Peshi

                        3.         For hearing of  MA.1023/2015

21-04-2015.

                        Mr. Ishrat Ali Lohar Advocate for petitioners.

                        Mr. Muhammad Arshad S. Pathan, Advocate for

                        respondents No.8 & 9

                        Mr. Allah Bachayo Soomro, A.A.G alongwith SIP Shafi Bangish on

                        behalf of SSP Hyderabad.

                        ==

                        Petitioner has challenged the lease granted to respondent No.8 on the premise that said land was in their possession and they had also applied for lease of the same land to Government. In the comments the official respondents have raised various disputes and controversial facts. Respondent No.8 has filed comments alongwith copy of lease and he has also stated that after completing all the requisite formalities lease was granted in his favour. The declaration of title and cancellation of lease is not possible in writ jurisdiction and appropriate forum is civil court where controversial facts can be decided. However after arguing at some length learned counsel for petitioner submits that petitioners will file civil suit for redressal of their grievance and does not press this petition.

            In view of this statement, the petition is disposed of. The petitioners are at liberty to move the Civil Court for declaration of title and cancellation of lease if any.

                                                                                                            JUDGE

                                                                        JUDGE

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