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Official Citation: 2024 SHC 572
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-05-27
Parties: Abdul Khalid Buriro vs The State & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-05-27, officially reported as 2024 SHC 572. In this matter between Abdul Khalid Buriro and The State & others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC572
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon Title: Abdul Khalid Buriro vs The State & others Case No.: Crl. Revision Application No.S-25 of 2023 Date of Judgment:2024-05-27 Reported As: 2024 SHC 572 Result: Order Accordingly
Judgment ORDER Adnan-ul-Karim Memon J:- This Crl. Revision Application has been preferred by the applicant Abdul Khaliq against the order dated 04-03-2023 passed by the learned Additional Sessions Judge-IV Sukkur in Illegal Dispossession Complaint No. 01 of 2023 under Section 3, 4, & 5 of the Illegal Dispossession Act, 2005 whereby his complaint was dismissed on the premise that no offence under the Illegal Dispossession Act, 2005 was made out and he was directed to approach the Civil Court. This Court vide order dated 13-05-2024 directed Mukhtiarkar Revenue Taluka Rohri to submit report about the ownership of subject property and possession thereof. Today Mukhtiarkar has furnished his report which is taken on record subject to all just exceptions an excerpt of the report is reproduced as under:-
S.No.Entry No. & date of Revenue recordPrevious ownerPresent Owner.Remarks Possession holder 01VII-A entry No. 53 dated 01-07-1985Noor Muhammad s/o Waryam Mangi 0-50 paisaAbdul Khaliq Buriro (Applica nt)As per compromise decree dated 11-12-2021 Passed by HonouraboeOn the site one Sain Dino s/o Faiz Muhammad Mahar Possessed area (11-30) acres
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IInd Senior Civil Judge Sukkur Old F.C Suit No. 137/15 & New F.C Suit No. 103/15, area (11-30 acres VII-B Entry No. 496 dated 06-12-2008Syed Wadhal Shah & orsAbdul Khaliq Buriro (Applica nt)As per decree Passed by Honourable IInd Senior Civil Judge Sukkur in F.C Suit No. 64/2001 & Ex.A No. 71/, area (41-30) acres entered in favour of Abdul Khaliq (Applicant)On the site application Abdul Khaliq Buriro and his sons possessed the area (41- 30) acres) VVV-B entry No. 128 dated 11-10-2013Abdul Khaliq BuriroAbdul Malik s/o Abdul Khaliq BuriroEntry has been kept on the basis of register sale deedOn the site area admeasuring 20 00 acre Possession by Abdul Malik Buriro (son of applicant) VII-B entry No. 138 dated 06-03-2014Abdul Khaliq BuriroMuhsan Khan and his (3) three brothers sons Abdul Khaliq BuriroEntry has been kept on the basis of register sale deedOn the site area admeasuring 11 30 acre Possessed by Muhsan Khan and other three sons of applicant Abdul Khaliq Buriro VII-B entry No. 573 dated 15-12-2022Syed Wadhal Shah s/o Shahbaz Dino ShahSobo s/o Jhangal DoolEntry has been kept on the basis of register sale deedOn the site area admeasuring 10 00 acres Possessed by Sobo s/o Jhangal Dool VII-B entry No. 574 dated 15-12-2022Syed Wadhal Shah s/o Shahbaz Dino ShahGul Bahar s/o Gullan Khan MaharEntry has been kept on the basis of register sale deedOn the site area admeasuring 15 00 acre Possession by Gul Bahar Mahar.
3. The aforesaid stance has been refuted by the learned counsel for the private respondents with the narration that civil proceeding are pending before the learned trial Court as such no concrete findings could be given. Be that as it may, I am of the tentative view that the Deputy Commissioner Sukkur and SSP Sukkur shall ascertain the factual position of the case and Illegal occupation of the subject land by the land grabers if any after Court orders and submit their detail report on the next
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date of hearing, thereafter appropriate order including the direction to the trial Court to take possession of the subject land and regulate its affairs till decision of the lis on merits. 4. Relist just after summer vacation. The copy of this order be forwarded to Deputy Commissioner Sukkur and SSP Sukkur for compliance.