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Petitioner: QADIR KHAN MANDOKHAIL WELFARE TRUST VS Respondent: CHAIRMAN, K.P.T. and 5 others
Court Name: Sindh High Court Judge(s): Mushir Alam, Muhammad Afzal Soomro Title: QADIR KHAN MANDOKHAIL WELFARE TRUST vs CHAIRMAN, K.P.T. and 5 others Case No.: Constitutional Petition No,2397 of 2006 Date of Judgment:2007-11-01 Reported As: 2009 PLC (C.S.) 201 Result: Petition dismissed
Judgment ORDER ' MUSHIR ALAM, J.--- Petitioner claims the leasing out of the property to them. It is claimed that other persons have been accorded lease in respect of the area in their possession. ' When the learned counsel was confronted whether land claimed by the petitioner falls within the declared and notified Katchi Abadi, it was stated that none is in his knowledge. Mr. Sulehry learned counsel for K.P.T. Contends that some of the persons have encroached the K.P.T. Land and case has been forwarded to the concerned quarters for removal of such encroachment. The petitioner being encroacher is not entitled for any indulgence in exercise of writ jurisdiction. There is nothing on record to show that the petitioner or any of its members are in occupation of any land for 40 years as claimed by the petitioner. 2. Under circumstances, we are not deemed appropriate to exercise discretionary jurisdiction in this matter which requires resolution of a factual controversy and dispute as to the existence or otherwise of any Katchi Abadi if so advised, petitioner may approach the concerned authorities for any remedy as may be available to them.