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Official Citation: 2024 SHC 1092
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-09-09
Parties: Imtiaz Ali & others vs P.O Sindh and others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-09-09, officially reported as 2024 SHC 1092. In this matter between Imtiaz Ali & others and P.O Sindh and 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 2024SHC1092
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Amjad Ali Bohio Title: Imtiaz Ali & others vs P.O Sindh and others Case No.: Constitutional Petition No.D-491 of 2024 Date of Judgment:2024-09-09 Reported As: 2024 SHC 1092 Result: Petition Disposed of
Judgment
ORDER Adnan-ul-Karim Memon, J. Through the instant Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioners have sought suspension of Notice dated 04.10.2018 issued by Assistant Commissioner/Assistant Director Anti Encroachment Mirpurkhas, whereby he had directed the demolition of houses of petitioners citing the land in question to be of Government property. 2. Learned counsel submits that he will challenge the Notice before the Anti Encroachment Tribunal Court or competent Court for redressal of his grievances. 3. Learned A.A.G. submits that the property in question is government property and this petition is not maintainable. 4. We have heard learned counsel for the parties and perused the record with their assistance. 5. It appears from the record that petitioners are calling in question the Notice dated 04.10.2018 issued by the Assistant Commissioner/Assistant Director Anti Encroachment Taluka Hussain Bux Mari on the premise that the petitioners have titled documents in their favor issued by the Revenue authorities through registered sale deed and such Khatas are mutated in their names. If this is a position of the case, the issue involved in the proceedings can be resolved by the Anti Encroachment and/or competent Court of law as both the parties claim and counterclaim on the subject property. 6. The instant petition stands disposed of in terms of the preceding paragraphs.