2001 PLP 1896 (CLC)

MUHAMMAD ASHRAF LEGHARI, J.‑‑‑ The‑petitioner, through this application seeks review of the order, dated 16‑8‑2000. The facts briefly stated are that the petitioner had filed C.P. No.D 1291 of 1999, which was decided by us vide order, dated 16‑8‑2000. The said order is reproduced herein below in extenso:‑‑ " 16‑8‑2000 Petitioner in person. Mr. Zawar Hussain Jafferi, Addl. A.‑G. for Respondents Nos. 1 to

4. Mr. Sardar, Abdul Sattar Chohan and Miss Zahida Nizam for Respondents Nos.5 and

6. Messrs Nizamuddin Baloch and David Lawrance for Respondent Respondent No.8 in person: By this petition, the petitioner Moulvi Shahzado son of Allah Bux Dreho has sought the following relief:‑‑ (1) Declare the Property bearing C.S.No.C‑337/1, Sukkur no more in use of the Christian Church Trust converted into commercial and residential buildings and its tenure expiring in 1995 not extended; same reverts to and is public property belonging to the Municipal Corporation, Sukkur. So, its control, management and usufruct vest in Municipal Corporation, Sukkur; and the silence and non‑feasance on the part of the respondents Nos. 1 to 6 is mala fide, perverse and .void ab initio. (2) The Builders i.e. respondents Nos.7 and 8 be directed to supply the full names and addresses of persons whom they have granted the so called tenancy or recovered any sum in connection of the rehabilitation of such person in Property No.C‑337/1, School Road, Sukkur, together with the details of such amounts; to be dealt with according to law. (3) Builders be restrained from raising construction by whatever name over C.S. No.C‑337/1, Sukkur themselves, or through their relatives, servants, workers, labourer, and the respondents Nos.2 to 6 to keep vigilance over their building activities on site. (4) Costs. (5) Any other relief which may be permissible and equitable under the circumstances may also be granted. The brief facts of the case as disclosed in the petition are that the petitioner is a Social Worker, leading 'Sukkur Bachao Tehreek'. The builder mafia of Sukkur Division has infringed the rights of the simple, homeless and needy citizens of Sukkur. The immovable Property bearing City Survey No.C‑337/1 admeasuring 1955 Square yards situated at School Road near Sukkur Municipal Corporation Office, Sukkur was purchased by the Church Missionary on 14‑12‑1986 and a Trust was created. According to the petitioner, it was on 99 years lease which expired in 1995. He has further stated that those bloom days of missionary and their propagation are over and their activities have been slowed down. Their requirements of land/plot for expansion have ended. The subject‑matter of the petition referred hereinabove is no more in use for the purpose of Trust nor its extension, therefore, automatically it reverted to the public pool by Sukkur Municipal Corporation. The Builder Mafia in collusion with respondent No.9 wants to loot and plunder the simple and homeless citizens of Sukkur by retaining the aforesaid property. The respondents have filed their comments whereby they have denied the allegations levelled against them. We have heard petitioner Moulvi Shahzado Dreho in person and learned counsel for the parties so also the 'learned Additional Advocate‑General, Sindh on behalf of the State and perused the material placed on record with the assistance of the petitioner and learned counsel for the parties. The perusal of the record shows that with regard to the subject- matter of the present petition an identical /similar petition bearing C.P. No.D‑1059 of 1997 was filed containing the same prayer. By order, dated 1‑12‑1997 it was dismissed on merits by a Division Bench of this Court. In the present petition only name of the petitioner has been changed but averments and prayer is same. Consequently, we are of the considered view that the relief sought in the present petition was already adjudicated by this Court and matter was decided. The petitioner is not an aggrieved person as envisaged under Article 199 of the Constitution of Islamic Republic of Pakistan, therefore, the petition stands dismissed with no order as to costs. (Sd.) Judge (Sd.) Judge." The review of the order is sought mainly on the ground that the averments made in the petition were not denied by official respondents and the impugned order shows that the contents of the petition were denied by respondents. The next grievance of the petitioner is that admission order of the petition was not taken into consideration at the time of decision and that the point was not considered in respect of the subject‑matter, which was in the larger interest of public. The petitioner has further averred that the prayer clause in C,P. No.D‑1059 of 1997 arid present petition were different and that the Court had erred to hold that the present petition was based on same grounds. The petitioner has further stated in his application that inspection notes by Assistant Commissioner were not taken into consideration. We have decided this whole petition while hearing the C.M.A. 3019 of 1999. The comments have been filed by respondent No.7 Al‑Madni Builders wherein they have denied the averments made in the petition and have further sated that the disputed property belongs to respondent No.9 i.e. Lahore Diocesan Trust Association and the record of right is mutated in their favour. The extract from the Property Register has been produced. It is stated in the comments that the present petitioner is in league with the petitioner in Constitutional Petition No.D‑1059 of 1997 and they want to create troubles for the respondents Nos.7 and

9. The N.O.C. in respect of construction has been issued by the concerned WAPDA Authorities, Municipal Authorities and Sui Southern Gas Limited after performing all the codal formalities. The work at the site on C.S. No.337/1 is going on in accordance with the site plan approved by the Sukkur Municipal Corporation and such completion certificate has been issued by Sukkur Municipal Corporation on 22‑11‑1999. It is stated in the comments that Additional Registrar of this Court had visited the site in C.P. No.D‑448 of 1998 and submitted such site inspection report. The petitioner has stressed upon the comments filed by the respondent No.2 i.e. Deputy Commissioner, Sukkur, wherein he has stated that the measurement of C.S. No.337/1 was 8251 Square Yards, out of which an area of 6296 was sold to various persons and an area of 1955 Square Yards remained in possession of Church Missionary Trust Association, which is controlled by Lahore Diocesan Trust Association and one Bishop Bashir Jiwan. The agreement is shown to be void. The site inspection report submitted by Assistant Commissioner and S.D.M., Sukkur reveals that measurement on the site is mentioned in black in the sketch, whereas measurements of site plan are shown in red ink and measurement in map was shown in blue ink, which according to him, clearly shows that the construction was not raised according to the approved plan. The respondent No. 5 has stated in his comments that the plot in question according to City Survey Record belongs to Church Missionary Trust Association since long. If same is reverted for public use, then Sukkur Municipal Corporation has to utilize it for betterment of public. He has denied the approval of Building Plan in favour of Messrs Al‑Madni of Church Missionary Trust Association, Sukkur. The crucial points to be decided are as to whom the plot belongs? Whether the agreement of sale was void or the period of 99 years lease has expired and entry in Revenue Record in favour of respondent No.7 is illegal? All these controversies suggest that there are disputed facts which require evidence. The facts cannot be resolved in writ jurisdiction. The possession of the respondent No.7 over the plot is not disputed. They have raised the construction as per approved plan. The entry in record of rights maintained by City Survey Office has not been denied by the petitioner and the respondents. Consequently the review application is not maintainable and stands dismissed with no order as to costs. Q.M.H./M.A.K./S‑88/K Application dismissed.