Arbab & another (Petitioner) VS P.O Sindh & Other (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

C.P.No.D-2343 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on MA-10118/19

2.For orders on office objection

3.For hearing of MA-10119/19

4.For hearing of main case.

Mr. Aslam Baig Leghari, advocate for petitioner.

Urgency granted.

The petitioner by way of instant constitutional petition has prayed for identification of Revenue, Forest and his landed property. By praying so, he has also sought for direction against the respondents not to dispossess him from the land in his possession, till disposal of his appeal.

The pendency of appeal, if any, prima facie indicates that the parties are already litigating with each other, on Civil side, before District judiciary. In that situation, this Court could hardly extend its constitutional jurisdiction over the matter, under the garb of demarcation only to protect the possession (if any) of the petitioner over the land in his possession.

The instant constitutional petition being misconceived is dismissed accordingly along with listed application with an advise to the petitioner to exhaust his remedy for demarcation of his landed property, if any, from Revenue Court having jurisdiction in terms of section 117 of West Pakistan Land Revenue, Act, 1967.

JUDGE

JUDGE

Ahmed/Pa,