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Official Citation: 2025 SHC 363
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 3591/2025 (D.B.) Sindh High Court, Karachi - Sameer (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 363. In this matter between Const. P. 3591/2025 (D.B.) Sindh High Court, Karachi - Sameer (Petitioner) and the Respondent, 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.
COURT: Sindh High Court CASE NO: Const. P. 3591/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 359 PARTIES: Sameer (Petitioner) ORDER DATE: 17-FEB-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI. C.P No. D-3591 of 2025 (Sameer v Province of Sindh & others) ____________________________________________________________ Dated Order with signature of Judge. ____________________________________________________________
Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi Date of hearing and order:- 17.02.2026. Mr. Abdul Sattar, Advocate for Petitioner. Mr. Syed Kashif, Advocate for Respondent. Mr. Abdul Jalil, A.A.G. Mr. Mumtaz Ali Talpur, Mukhtiarkar, Maripur, Karachi. ---------------
O R D E R Adnan-ul-Karim Memo, J The Petitioner seeks declaration that the letter dated 21.07.2025 is illegal, void, and issued with malafide intent, along with directions to restrain the Respondents from interfering with his possession of four acres of land situated in Na -Class No.1, Deh Moach, Maripur, Keamari, Karachi. He claims lawful ownership as per Village Form-II entry No.16 dated 29.08.1996, asserting that the land was acquired through due process and remained in his peaceful possession. 2. It is alleged that the Survey Superintendent Karachi, in collusion with local revenue officials and private Respondents, initiated a “specific enquiry” into the demarcation as a pretext to dispossess him. 3. The Mukhtiarkar reported that while the Petitioner’s name appears in VF - II entry No.16, the same land forms part of 16 acres recorded in VF -VII-B (entry No.299 dated 13.03.1991) in the name of a private Respondent, who allegedly sold four acres to Respondent No.10 through mutation entry No.18 dated 08.05.2025. 4. Prima facie, both parties claim the same land, which is presently in possession of the private Respondent; the Petitioner also disputes this and alleges recent dispossession. 5. In view o f the conflicting revenue entries and rival claims of title and possession over the same parcel of land, which involve disputed questions of fact requiring examination of record and evidence, this Court is not inclined to adjudicate upon the matter in its constitutional jurisdiction. 6. The controversy pertains to determination of entitlement, validity of mutations, and actual possession, which can more appropriately be resolved by
the competent revenue authority after affording due opportunity of hearing to all concerned parties. 7. Accordingly, the matter is remitted to the Senior Member, Board of Revenue, Sindh, to conduct a fair, transparent, and impartial enquiry into the subject land, examine the relevant revenue record, including Village Form -II and Village Form -VII-B entries, and determine the lawful entitlement of the parties strictly in accordance with law. The Senior Member shall decide the matter after hearing all stakeholders and pass a reasoned order within a period of two weeks from the date of receipt of this order. Till such time, status quo with regard to the subject property shall be maintained, and the Senior Member, Board of Revenue, Sindh, shall ensure protective custody of the land so as to safeguard the rights of the parties during the pendency of enquiry. 8. The petition along with pending application(s) stands disposed of in the above terms. Let a copy of this order be communicated to Senior Member BOR Sindh for compliance in time.
JUDGE
JUDGE
Jamil