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Petitioner: Syed RIAZ HUSSAIN SHAH VS Respondent: FEDERATION OF PAKISTAN, MINISTRY OF HOUSING JUDGMENT
Court Name: Sindh High Court Judge(s): Nadeem Akhtar, Aziz-ur-Rehman Title:Syed RIAZ HUSSAIN SHAH vs FEDERATION OF PAKISTAN, MINISTRY OF HOUSING
JUDGMENT
Reported As: 2017 YLR 1422 Result: Petition dismissed Judgment JUDGMENT AZIZ-UR-REHMAN, J.---By means of this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 filed on 27.11.2014, the Petitioner has sought the following reliefs:- "i). To hold the lease/sale of 1'1,,, No,691, measuring 86-16 Sq. )(I, Hill Area, Chaniser God?, Kara( hi has no concern with the plot of petitioner bearing Plot No,32, Block-6, PECHS, Karachi admeasuring 302.22 Sq. Yds. and the same is under unlawful use, encroachment of respondents Nos.8 to 11 and issue direction to respondents Nos. 6 and 7 to get vacated Plot No,32, Block-6, PECHS, Karachi admeasuring 302.22 Sq. Yds. from the encroachment as well to registered a criminal case against all the concerned culprits involved in such land grabbing. ii). To direct the respondents for demarcation in between the land/area of Block-6, PECHS, Karachi and hill area Chancer Goth, located under the administrativecontrol of respondent No,5 under the supervision of Nazir of this Hon'ble Court or some commission to be appointed by this Hon'ble Court in the interest of justice. iii). That upon demarcation of the disputed plot of land under the administrative control of respondent No,5 then direct the respondent No,4 to compensate the petitioner with an alternate plot of land in the same vicinity and if it is found that the respondents Nos.8, 9, 10 and 11 are encroachers then to direct the respondents Nos.6 and 7 to get vacate the plot of petitioner and to take all legal step against all the culprits from public or from staff official of the respondent so also to compensate the petitioner from the respondents Nos.5, 8, 9, 10 and 11 in accordance with law in the interest of justice.
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iv). To grant the cost. v). To grant any other better relief/ relieves as this Hon'ble Court may deem fit and proper in the circumstances of the case even lacking from the prayer in the interest of justice. " 2. Brief facts requisite for disposal of the instant petition are that one Maqbool Ahmed Faiz son of Ch. Faizuddin, as being member of PECHS, was allotted Plot No,32, Block-6, PECHS, admeasuring 302.22 Sq. yds., Karachi [hereinafter `subject plot'],by Respondent No,4[PECHS Ltd.,] vide allotment order No,5970 dated 21.02.1965 [Copy of allotment order is not available on record]. Per assertions of Petitioner, the said Maqbool Ahmed Faiz expired at Karachi on 24.05.2010 and thereafter, his legal heirs through his son viz. Zahid Maqbool filed a Petition under section 278 of the Succession Act, 1925 [XXXIX of 1925],for grant of a 'LETTER OF ADMINISTRATION' bearing SMA No,354/2011, in the Court of District Judge South,at Karachi, which was later on granted on 30.07.2012, however, after fulfilling all necessary formalities and calling thereon objections through `PUBLICATION' in newspaper daily `JANG' of 28.10.2011. But despite such publication of notice, no one from the PUBLIC and / or from Respondents including Respondents Nos.8 to 11, 'came forward' to raise any claim and/or otherwise, raise any 'objections' to the grant of said SMA No,354 of 2011. 3. The Petitioner,as per his stand, upon 'verification' that of the 'title document' of deceased viz. Syed Maqbool Ahmed Faiz son of Ch. Faizuddin from the office of PECHS/Respondent No,4, purchased the 'subject plot' from the legal heirs of deceased. Respondents Nos.1 and 4 thereafter, upcin fulfilling all the 'legal' and `codal formalities' as claimed by the Petitioner, transferred the 'subject plot' bearing No,32, Block 6, measuring 302.22 Sq.yds. PECHS, Karachi, in the name of the Petitioner. In this regard reliance was placed on the letter of Section Officer [E-VI], Government of Pakistan, Ministry of Housing and Works bearing No,F-1 (III)/2013/E-VI Islamabad dated 17 March 2014 [Annexure `13' to the MoP] and Transfer Order of PECHS Karachi, bearing No,PECHS/ 329/ 6779/ 2014 dated 26.03.2014 [Annexure `P/1' to the MoP]. 4. At the time of purchase of the `subject plot', it was stated to be under `possession' of Respondent No,8. Per Petitioner's version the plot in possession of respondent No,8 was also regularized, by Respondent No,5/KMC, for an area measuring 86.16 Sq.yds by giving it Plot No,691, Hill Area, [Chanesar Goth], Karachi vide Registration No,5032, M.F. Roll No,1355, Photo Registrar Karachi dated 01.01.1991 [hereinafter Plot No,691]. It is the case of the Petitioner that `subject plot' referred to in `para 2' hereinabove, though was under illegal possession of Respondents Nos.8 to 11 but in no event, it can be numbered as Plot No,691, measuring 86.16 Sq.yds. Besides, the 'subject plot' No,32, Block-6, measuring 302.22 sq. yds., Hill Area [Chanesar Goth] Karachi cannot be stated to situate within the local limits of Chanesar Goth. This being the position, the lease granted in favour of Respondent No,8 in year, 1990 of Plot No,691, by KMC [Respondent No,5], is nothing but illegal regularization of the 'encroached Plot'/ `Subject Plot'No,32, measuring 302.22. sq. yds., Block-6, PECHS, Karachi. Per version of the Petitioner, the alleged encroachers i,e, Respondents Nos.8 to 11 may be given the possession of Plot No,691, Hill Area, {Chancey Goth), admeasuring 86-16 Sq. yds. Karachi, however, if, they are not in 'physical possession' of the 'subject Plot' bearing No,32, Block-6, admeasuring 302.22 Sq.yds.PECHS, Karachi. 5. In the Memo of Petition [In short MoP], the factum of lease of 'Plot No,691', Hill Area, (Chanesar Goth), Karachi, to the Respondent No,8,has not been disputed. The Plot No,691, it is needless to say, later-on sold to Respondent No,11 through a Registered 'Sale Deed' dated 03.11.2007. According to Petitioner's stand, the 'subject plot'No,32 does not fall within the `territorial limits' of Hill Area [Chanesar Goth], Karachi. In view of this position, Katchi Abadi Authorities, have no power to regularize 'subject Plot' No,32, Block-6, PECHS ad measuring 302.22 Sq. yds Karachi as being Plot No,691, Hill Area, [Chanesar Goth], Karachi, in favour of Respondent No,8. The lease dated 19.12.1990, granted by KMC, Directorate of Katchi Abadies, in respect of Plot No,691, Hill Area, IChanesar Goth], admeasuring 86.16 Sq. Yds. Karachi and the registered 'sale deed' dated 03.11.2007 executed by
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Respondent No,8 in favour of Respondent No,11 are not only void but also nullity in law. 6. On 15.12.2014, when the above petition came-up before the Court then, notice was ordered to be issued to the Respondents as well to learned DAG. Upon service, Respondents Nos.4, 5, 6, 7, 10 and 11 filed their `replies'/'comments'/ 'written statements' wherein assertion made in the Memo of Petition [In short MoP] were denied. Also a 'counter affidavit' was filed response to the injunction application bearing C.M.A. No,31525 of 2014. In the replies of concerned Respondents, the allegations leveled against them were vehemently denied/controverted. Per `replies'/'objections' of Respondents, the above Petition, as 'framed' and 'filed' is not maintainable in law for and account of involving serious questions of factual `controversies'/'disputed questions'. According to Respondents Nos. 10 and 11, such 'disputed questions of facts', cannot be looked into and/or otherwise, can be decided underthe Constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 7. For and in view of specific objections raised by the Respondents inter alia viz-a-viz the maintainability of the above Constitutional Petition, on 03.05.2016, the above petition when came- up before us then, we heard Mr. Muhammad Aziz Khan, learned counsel for the Petitioner, Mr. Dilawar Hussain, learned Standing Counsel, Mr. Syed Sultan Ahmed, learned counsel for KMC, Mr. Saifuddin, learned counsel for PECHS Ltd and Mr. Raja Ali Asghar, learned counsel for the Respondents Nos.10 and 11 and also gone through available record minutely with their valuable assistance. 8. Per Mr. Muhammad Aziz Khan, learned counsel for the Petitioner, one Maqbool Ahmed Faiz son of Ch. Faizuddin as being member of PECHS Ltd., was allotted the 'subject plot' No,32, Block-6, admeasuring 302.22 Sq.yds., PECHS, Karachi, by Respondent No,4 [PECHS Ltd] vide allotment order No,5970 dated 21.02.1965 [not placed on record]. According to Mr. Aziz Khan, the said Maqbool Ahmed Faiz passed away on 24.05.2010 at Karachi. The legal heirs of the said deceased through his son viz. Zahid Maqbool, filed a PETITION under section 278 OF THE SUCCESSION ACT, 1925 [XXXIX of 1925], for grant of a `LETTER OF ADMINISTRATION' bearing SMA No,354/2011, in the Court of District Judge, South, i4 Karachi, which was later on granted on 30.07.2012, as 'no objections' whatsoever, were filed in opposition of granting the said SMA, though 'PUBLICATION' was also made in a NEWSPAPER i,e, 'Daily' `JANG' on 28.10.2011. Even, Respondents Nos.8 to 11 did not come forward to raise any objections whatsoever, to the grant of aforesaid SMA No,354 of 2011. 9. The Petitioner, as asserted in the MoP, thereafter, upon proper `VERIFICATION' OF 'TITLE DOCUMENT' of deceased viz. Syed Maqbool Ahmed Faiz son of Ch. Faizuddin, purchased the 'SUBJECT PLOT' from ALL THE LEGAL HEIRS OF DFC EASED. Respondents Nos.1 and 4 upon fulfilling all the 'legal' and `codal formalities', thereafter, also transferred the `subject plot' bearing No,32, Block 6, measuring 302.22 Sq. yds . PECHS, Karachi, in the name of the Petitioner. In this regard, Mr. Muhammad Aziz Khan, learned counsel for the Petitioner placed reliance on THE LETTERS OF Section Officer [E-VI], Government of Pakistan, Ministry of Housing and Works bearing No,F-1 (III)/2013/E-VI Islamabad dated 17th March 2014 and Transfer Order of PECHS No,PECHS/329/6779/2014 Karachi dated 26th March, 2014 [Annexures `13' & 'P12' to the MoP]. For ready reference and convenience purpose, the aforesaid letters are reproduced herein below respectively: [A]
Government of Pakistan
Ministry of Housing and Works No, F.1(111)/ 2013/ E-VI. Islam-abad, the 17th March, 2014. To The Honorary Secretary,
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P.E.C.H.S Ltd., Karachi. Subject: PERMISSIONFOR TRANSFER/ MUTATION THROUGH REGISTERED SALE AGREEMENT IN RESPECT OF UN-LEASED RESIDENTIAL PLOT NO. 32, BLOCK NO.6, MEASURING 302.22 SQ. YDS IN THE AREA OF P .E. C. H. S . LTD., KARACHI. I am directed to refer to PECHS letter No, PECHS/25 /6779/2013 , dated 17-01-2014, on the subject noted above and to state that keeping in view your recommendations, this Ministry has no objection to the transfer/ mutation through registered sale agreement of un-leased residential Plot No,32, Block No,6, measuring 302.22 sq. yds in the area of PECHS Ltd., Karachi, in favour of Syed Riaz Hussain Shah S/o Syed Murad Shah, subject to fulfillment of codal requirements and payment of Govt. fee/charges. Necessary action may please be taken accordingly under intimation to this Ministry. The above approval has been accorded subject to payment of revised transfer / mutation charg'es 200/- sq. yds and on the basis of Housing Society's recommendations, who would be responsible for all consequences.
Sd/-
(Abdul Waheed Memon)
Section Officer (E-VI)
051-9209349 Copy to :- 1. The Section Officer (GRS), Works Division, Karachi with reference to his letter No,F.01/PECHS/13082/ 2014 dated 29.01.2014. 2. Allottee/Transferee of above plot. 3. Addl. District Officer, MPGO-CDGK, Karachi. 4. P.A. to Joint Secretary (H&W) , M/o Housing and Works, Islamabad. 5. Master file.
SECTION Officer (E-VI)
PAKISTAN EMPLOYEES CO-
OPERATIVE HOUSING SOCIETY LTD.
SHAHRAH-E-QUAIDEEN, KARACHI- PC
75400 No, PECHS/ 329/ 6779/ 2014 Karachi 26.03.2014. TRANSFER ORDER Sub: Transfer / Mutation of Open (unleased) residential plot No,32, Block-6, PECHS, Karachi, measuring 302.22 Sq. Yds. It is informed that the subject plot has been transferred from the names of (I) Mr. Zahid Maqbool for Self and Administrator of (2) Mrs. Abida Farooq, (3) Mr. Tariq Maqbool Faiz, (4) Mrs. Khalida Masood Faiz, (5) Mrs. Rabia Tahir and (6) Mr. Shahid Maqbool, all sons and daughters of (Late)
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Maqbool Ahmed Faiz to Syed Riaz Hussain Shah son of Syed Murad Shah, residing at House No,2256, Street No,6, Azam Town, Karachi, as approved by the Section Officer (E-VI), Ministry of Works, Governmentof Pakistan, Islamabad, vide his letter No . F . 1 (111)/2013 /E-VI dated. 17.03.2014. Necessary entries have been made in this office record accordingly. End: Ministry of. Housing and Works Govt. of Pakistan, Islamabad, LetterNo, F. 1 (111)/ 2013(E-V) Dated 17.03.2014. To, Syed Riaz Hussain Shah, R/o, House No,2256, Street No,6, Azam Town, Karachi.
Sd/-
(MAJOR (R) HUMAYUN AWWAR)
HONORARY SECRETARY,
PECHS SOCIETY LTD.
KARACHI. Copy to :- Mr.Zahid.Maqbool for Self and Administrator of (2) Mrs. Abida Farooq, (3)Mr. Tariq Maqbool Faiz, (4)Mrs. Khalida Masood Faiz. (5)Mrs. Rabia Tahir and (6)Mr. Shahid Maqbool. R/o, House No,B-13, Block-13, Gulshan-e-Iqbal, Karachi. 2. The Section Officer (E-V1), Government of Pakistan, Ministryof Housing and Works. Islamabad. 3. The Section Officer (GRS) Government of Pakistan Ministry of Housing and Works. Karachi.
Sd/-
MAJOR (R) HUMAYUN ANWAR
HONORARY
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SECRETARY
P.E.C.H. SOCIETY LTD.
KARACHI 10. Mr. Muhammad Aziz Khan while, arguing his case also submitted that at the time of purchase of the 'subject plot', the same was under possession of Respondent No,8 which however, as urged was encroached upon by respondents 8 to 11 illegally. Moreover, the 'subject plot' having been regularized by Respondent No,5/KMC, in the name of Respondent No,8 for an area measuring 86.16 Sq.yds, AND by giving it a new number i,e, Plot No,691, Hill Area, [Chanesar Goth], Karachi vide Registration No,5032, M.F. Roll No,1355, Photo Registrar, Karachi, dated 01.01.1991 is unlawful. Mr. Muhammad Aziz Khan, learned counsel for the Petitioner next contended that the `subject plot' referred to in `para 2' of MoP; though it was under 'illegal encroachment' of Respondents Nos.8 to 11 but this 'subject plot' being claimed by the Petitioner, in no event, can be a Plot bearing No,691, measuring 86.16 Sq.yds., Hill Area [Chanesar Goth] as the 'subject Plot' is not situated within the 'local limits' of Chanesar Goth. The 'lease', in favour of Respondent No,8 by KMC as urged, is liable to be cancelled by the LEASING AUTHORITY / RESPONDENT NO.5. Mr. Muhammad Aziz Khan, next submitted that the Respondent No,8 [original lessee] and Respondent 11 [subsequent 'purchaser' through 'registered sale deed' dated 03.11.2007], may be given the possession of Plot No,691, Hill Area, [Chanesar Goth], admeasuring 86-16 Sq. yds. Karachi however, if, they are not found to be in `physical possession' of the 'subject Plot' bearing No,32, Block-6, admeasuring 302.22 Sq.yds. PECHS, Karachi. 11. Per Mr. Muhammad Aziz Khan, Respondent No,8,no doubt, was leased out Plot No,691, Hill Area, [Chanesar Goth], Karachi by KMC [Respondent No,5] in the year, 1990, who later-on sold it to Respondent No,11 vide 'Registered Sale Deed' dated 03.11.2007.Plot No,691 and not the subject Plot No,32,according to Petitioner's stand, however, falls within the `territorial Limits' of Hill Area (Chanesar Goth), Karachi. The regularization by KATCHI ABADI AUTHORITIES of 'Plot No,691', Hill Area, (Chanesar Goth), Karachi as contended by Petitioner's counsel is on the subject No,32. Lastly, Mr. Muhammad Aziz Khan vehemently contended that both the LEASES DATED 19.12.1990, GRANTED BY KMC DIRECTORATE OF KATCHI ABADIES viz-a-viz 'PLOT' NO.691, HILL AREA [CHANSER GOTH], ADMEASURING 86.16 SQ. YDS. KARACHI AND subsequent 'REGISTERED SALE DEED' DATED 03.11.2007 in favour of Respon-dent No,11 by Respondent No,8 through his attorney/sub-attorney nevertheless are nullity in law. Mr. Muhammad Aziz Khan, in support of his contention, placed reliance on the case of Sadruddin Shaikh v. Sajjadullah Qureshi and others [PLD 2006 SC 341]. The relevant portion referred to by learned counsel for the Petitioner therefrom reads as follows:-- 2. that construction of the petrol pump by the petitioner should be in accordance with the approved building plan on the land owned by him. Assertion of the respondent was that encroachment has been made by the petitioner on the public streets, on the pretext that site of petrol pump was the part of his two plots, bearing, C.S. Nos.581/18 and 581/35. Learned High Court, to resolve the controversy, appointed commissioner with direction to him to visit the site and take measurements to ascertain as to whether encroachment has been made by the petitioner on public street.The Commissioner/ Additional Registrar of High Court of Sindh, Bench at Sukkur, in his report dated 20th September 2005 stated that petitioner is owner of two plots, and he had made encroachment on the public streets to the extent of area of 555 Sq. feet adjacent to his Plot No,CS.581/18 and an area of I-1/2 feet in width and 48 feet in length adjacent to his Plot C.S.No,581/35. On receipt of the report, order dated 21st September, 2005 was passed, directing
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the petitioner to confine his construction activities within the Plot No,CP.S.581/18 and construction beyond that plot shall be removed by him within the stipulated period given in the short order, failing which T.M.O., Sukkur, Municipal Corporation was 'directed to remove the encroachment within two days with police aid if needed. [Underlining is ours] 12. Mr. Saifuddin, learned counsel for Respondent No,4 [PECHS] while, arguing his case forcefully submitted that Respondent No,4 [PECHS Ltd.] in fact was granted a piece of land by the 'FEDERAL GOVERNMENT' through 'LICENSE AGREEMENTS' pertaining to the years, 1951 and 1958, when Karachi, was the `Capital' of the Country. The land, so granted by the 'FEDERAL GOVERNMENT' at the relevant time was vacant and meant for 'REHABILITATION' and providing `SHELTER' to the `EMPLOYEES OF 'FEDERAL GOVERNMENT'. The PECHS/RESPONDENT NO.4, after granting of such a big piece of land by the `FEDERAL GOVERNMENT' measuring more than 1200 acres, developed the same on 'non- commercial basis' and thereafter, allotted the same land to its' members [i,e, Federal Government Employees], however, without charging any `cost' for the lands allotted. Per Mr. Saifuddin, The Pakistan Employees Co-operative Housing Society Ltd. [in short PECHS], has charged only Rs,3.5/- per Sq.yd. as 'development charges' and Re.1/- per sq.yd. on account of 'premium' from its' members but the same amount was payable to the Federal Government. The `relationship' between the allottees and the PECHS/Respondent No,4, in any event, was/is not as a seller or purchaser. According to Mr. Saifuddin, learned counsel for PECHS, since, PECHS, has no `ADMINISTRATIVE POWERS', as such, some piece of land [un-specified] was encroached upon by the land grabbers. The PECHS, though had made its' efforts by approaching the 'CONCERNED AUTHORITIES' for removing the encroachment therefrom but, no help as requested, was provided by the `CONCERNED AUTHORITIES'. According to 'PECHS', the authorities, in fact, themselves were found involved in encroaching of the land of PECHS and/or regularizing the land by granting `LEASES'. 13. Per Mr. Saifuddin, learned counsel for PECHS/ Respondent No,4, on one side of the boundary of the PECHS, near Thanesar Goth', ABOUT 83 PLOTS have been encroached upon by the land grabbers long ago. The 'Subject Plot', bearing No, 32, Block 6, PECHS, per Mr. Saifuddin, was allotted to one of its' members viz. Mr. Maqbool Ahmed Faiz son of Ch. Faizuddin in the year, 1970 in `exchange' of some EARLIER PLOT. The allottees including the allottee of the `subject plot' in their own wisdom however, did not raise any construction on their plots. The land grabbers under such circumstances, encroached upon the said vacant piece of land. According to the PECHS' stand, the Petitioner, despite having knowledge of the factum that the `subject plot' is under encroachment since, decades, however, as per his own choice and wisdom preferred to purchase the `subject plot' under a Sale Agreement of 09th October, 2013 from the legal heirs of its' allottee viz Maqbool Ahmed Faiz [Late] obviously and perhaps, due to its' availability on 'meager price'. The legal heirs of the allottee/the sellers, per record of PECHS, at the time of entering into `Sale Agreement dated 09th October, 2013, nonetheless, submitted an `AFFIDAVIT '/' UNDERTAKING' , wherein, it was specifically stated/admitted that the 'subject plot' is under encroachment. Likewise, the Petitioner also submitted an `AFFIDAVIT'/ 'UNDERTAKING' to the aforesaid effect. In the 'AFFIDAVIT/ `UNDERTAKING', it has been specifically stated that PECHS and Ministry of Housing and Works, shall not be got involved in any kind of 'dispute/litigation' regarding the `Subject Plot'. For ready reference, the 'AFFIDAVIT' / 'UNDERTAKING', submitted by the Petitioner before PECHS reads as follows:-- I, Syed Riaz Hussain Shah son of Syed Murad Shah, holding CNIC No,42301-6765676-9, Muslim, adult, residing at House No,2256, Street No,06, Azam Town, Karachi, do hereby solemnly affirm and state on oath as under:- 1. THAT, I the undersigned is legal and lawful owner of the property bearing Residential Plot No,32, Block No,06, measuring: 302.22 Sq.Yds, situated in area of PECHS Society, Karachi, by virtue of Registered Sale/Conveyance Deed/Sale Agreement No,3208, Dated: -09-10-2013 .
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2. THAT THE ABOVE SAID PLOT IS UDNER ENCROACHE-MENT BY Juggi Dwellers or illegal/unauthorized occupants for many years</u>. Now, I am applying for transfer / mutation of the said plot in my name on the basis of registered Sale/Conveyance 'or Sale Agreement No,3208 dated: 09-10-2013. 3. THAT, I shall not involve the PECHS Society Ltd., Karachi and Ministry of Housing Works in this regard in any type of dispute or litigation arising out regarding above said encroachment at present, or in future, if said Residential Plot No,32, Block No,06, PECH Society, Karachi is transferred/mutated in may name. [Underlining is ours]. 4. THAT, WHATEVER is stated hereinabove is true and correct to the best of my knowledge and belief.
Sd/-23/12/13.
EXECUTANTS Karachi;- Dated:-23-12-2013. Signature:____________ Name:- SYED RIAZ HUSSAIN SHAH CNIC No: 42301-6765676-9 14.According to Mr. Saifuddin, learned counsel for Respondent No,4 even, in the 'SALE AGREEMENT" dated 9th October, 2013,executed between the 'legal heirs' of allottee/ Sellers and the Petitioner, the above position is quite evident. In view of this position Mr. Saifuddin, learned counsel of PECHS forcefully contended/ submitted that PECHS has been dragged in the present litigation un-necessarily. Mr. Saifuddin lastly urged that the instant petition, on this score as well, is liable to be dismissed. 15.Mr. Raja Ali Asghar, learned counsel for the Respondents Nos.10 and 11 also forcefully opposed/challenged the `maintainability' and 'competency' of the instant Petition 'inter alia' on the ground that in the case in hand,' besides factual controversies' involved there are many other serious' disputed question' which ex-facie, cannot be resolved in the instant Constitution Petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. In the instant Petition, all the foregoing questions of disputed nature cannot be looked into and/or otherwise, resolved without filing proper proceeding by the aggrieved person, if any. Mr. Raja Ali Asghar, learned counsel or Respondents Nos.10 and 11, the Petitioner, since has made allegations of `encroachment', `forge' and 'illegal lease', granted by KATCHI ABADIES AUTHORITIES in favour of the Respondent No,8 and subsequently executed Registered 'Sale Deed' in favour of Respondent No,11 which, no doubt, are seriously disputed questions inter alia the `ownership location of the `subject plot No,32' and Plot No,691 being leased/sold under `Registered documents' [i,e, Lease dated 19.12.1990 and 'Sale Deed' dated 03.11.2007 in favour of Respondents Nos.8 and 11 respectively], could not be decided in view of `Pro' and 'Contra' assertions by the parties, muchless, under Constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. Mr. Raja All Asghar next urged that the provisions of Article 199 of Constitution of Islamic Republic of Pakistan, 1973,even otherwise, cannot be invoked as to the Petitioner an adequate alternate remedy is also available i,e, by way of filing a suit before the competent Court in accordance with law. It is significant to note, the Petitioner…
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