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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ABBAS and 6 others VS Respondent: PROVINCE OF SINDH, through Senior Member, Board of Revenue and 8 others
Court Name: Sindh High Court Judge(s): Mushir Alam, Aqeel Ahmed Abbasi Title:ABBAS and 6 others vs PROVINCE OF SINDH, through Senior Member, Board
of Revenue and 8 others Case No.: Constitutional Petition No,D-308 of 2008 Date of Judgment:2010-02-04 Reported As: 2011 MLD 75 Result: Petition dismissed Judgment ORDER ' The petitioners claim right and title on the basis of Sanads in respect of village Pir Bux Somro, Naclass No,114, Deh Taisar, Gulshane-Myamar, Gadap Town, Karachi, measuring 12 acres of land. After repeated directions, Meer Muhammad, Mukhtiarkar Gothabad Scheme, Karachi, is present in person today and he was cautioned to respond to the queries of the Court and send timely comments and reply to the notices issued by the Court. He undertakes to mend working of his office and respondent to the queries without any further delay. Explanation is taken on record with warning to be careful otherwise we may recommend action against him to the authority concerned. ' Counter-affidavit has been filed on behalf of respondent No,5, M.D.A. Stating that no Pir Bux Somro Goth exists in said Naclas. It is stated by Munir-ur-Rehman, learned counsel for respondent No,5 that the worthy Governor had constituted a committee on 10-5-2004 to physically verify and examine the existence or otherwise of any village with sanctioned area. He has placed on record a list of legal or otherwise villages existing on the ground. The Committee comprised of (i) Tepedar Songal, (ii) Mukhtiarkar, (iii) Nazim UC-5 Songal, (iv) Executive Engineer, Scheme-45, MDP, (v) D.D.O. (Revenue) Gadap Town and (vi) D.O. (Revenue) C.D.G.K. And such list has been signed by all concerned on 10-5-2004. We have seen the list but the said village does not exist. When the learned counsel for petitioners was confronted, he had no plausible explanation for it and even the Sanads have not been verified. Accordingly, we do not see any merit in this petition, which is dismissed along with the listed application.