Shoukat Hussain & Others (Petitioner) VS Province of Sindh & others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P No.D-4410 of 2025 [Shoukat Hussain and others v. P.O Sindh and others]

DATE ORDER WITH SIGNATURE OF JUDGE(S).

Before;

Mr. Justice Yousuf Ali Sayeed;

Mr. Justice Abdul Hamid Bhurgri.

1.For orders on CMA No.18904/25.

2.For orders on office objections No.1 to 3.

3.For orders on CMA No.18304/25.

4.For hearing of main case.

Date of hearing:- 19.09.2025

Mr. Abbas Zer Khattak, Advocate for the petitioners.

Abdul Hamid Bhurgri, J.- The Petitioners assert ownership of 4-16 acres of land from Survey No.113, located in Deh Joreji, Bin Qasim, Malir, Karachi. They claim that their ancestors inherited the land through a Foti-Khata, as legal heirs of the late Muhammad Ramzan. It is further stated that Muhammad Ramzan had purchased the land from Abdul Rehman via a registered sale deed, bearing No. 4022 dated 09.05.1974. This transaction was recorded in VF-VII under Entry No. 828, dated 16.05.1974, in his name.

2.The Petitioners state that they had earlier filed Constitutional Petition No.D-3013/2025, seeking directions to the Assistant Commissioner, Bin Qasim, for demarcation, partition, and mutation of the subject land. That petition was dismissed vide order dated 02.07.2025, with liberty granted to the Petitioners to avail the appropriate remedy under the law. Pursuant to that order, the Petitioners filed an application under Section 135 of the Sindh Land Revenue Act, 1967 (available at page 177 as Annexure-G), seeking demarcation and mutation of the subject land. They claim that the said application has been pending before the Assistant Commissioner, Bin Qasim, Malir, Karachi, since 08.08.2025. The Petitioners now pray that Respondent No.3, i.e., the Assistant Commissioner, Bin Qasim, Malir, Karachi, be directed to decide the application within a fixed timeframe strictly in accordance with law.

3.We have heard the learned counsel for the Petitioners and examined the material available on record.

4.It appears that the Petitioners' application for demarcation, partition, and mutation is pending before the competent revenue authority (Respondent No.3). In this context, it is pertinent to note that the Government of Sindh, Revenue Department, has issued Notification No.DD(E&I)/HQ/BOR/ 2024/302 dated 21st October, 2024, establishing a Public Grievance Redressal Cell under the supervision of the concerned Deputy Commissioners to address revenue-related complaints. The Notification is reproduced below:

5.In light of the above Notification, the Petitioners have an alternate and efficacious remedy available to them by approaching the Public Grievance Redressal Cell established under the aforementioned Notification for redressal of their grievance.

6.Accordingly, the petition is dismissed in limine together with all listed applications if any, with liberty to the Petitioners to approach the said Cell in accordance with law. If such an application is filed, the competent authority shall ensure that it is decided in accordance with law, preferably within thirty (30) days from the date of receipt of the application, after providing an opportunity of hearing to all concerned.

JUDGE

JUDGE

Ayaz Gul