ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-501 of 2010.

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         Katcha Peshi.

26-03-2015.

                        Mr. Ghalib Hussain Ali Mir, Advocate for petitioner.

                        Mr. Allah Bachayo Soomro A.A.G alongwith Imdad Hussain Siyal

                        Mukhtiarkar Tando Adam

                        Mr. K.B Lutuf Ali Advocate

                        ==

                        The petitioner has prayed that the writ may be issued to the respondents to effect the mutation of the land in-question in his name, while the comments filed by learned A.A.G shows that the land in-question is reserved for the purpose of graveyard and the allotment issued in favour of petitioner was cancelled.

                        Conversely learned counsel for petitioner submits that though the allotment of petitioner was cancelled but it was restored in the year 1998. Since this is not the case of giving directions for effecting mutation but title of the petitioner is disputed.  In view of the comments filed by the learned A.A.G, it appears that the proper and appropriate remedy is to invoke the jurisdiction of civil court as disputed questions of fact cannot be decided in writ jurisdiction of this court.

                        After arguing at some length learned counsel for petitioner submits that petitioner will file appropriate proceedings in civil court.

                        In view of above, this petition is disposed of accordingly. Let the petitioner may avail appropriate remedy in accordance with law.

                                                                                                            JUDGE

                                                                        JUDGE

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