2008 PLP 2255 (YLR)
ALI NAWAZ — Appellant Versus PROVINCE OF SINDH through Secretary, (LU) Land Utilization
| Citation | 2008 PLP 2255 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam and Muhammad Afzal Soomro, JJ |
| Parties | ALI NAWAZ — Appellant Versus PROVINCE OF SINDH through Secretary, (LU) Land Utilization |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP 2255 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 2255 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam and Muhammad Afzal Soomro, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2255 (YLR) (ALI NAWAZ — Appellant Versus PROVINCE OF SINDH through Secretary, (LU) Land Utilization). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art. 199
Constitutional petition
Disputed questions of fact could not be decided in constitutional petition
Petitioner, if had any right, same could be established through proper forum, either before the Revenue Authority under the West Pakistan Land Revenue Act, 1967 or if circumstances so existed, before the civil court. Syed Jamil Ahmed for the Petitioner. nwar Tariq and Manzoor Ahmed for the Respondent. A. Jabbar Lakho, A.A.G.
Judgment & Decree
MUSHIR ALAM, J.
Petitioner claims to be the owner of Qabuli land admeasuring 5-6 acres. Survey No.18 of Deh Songal, Sector 25-A, Scheme No.33, Karachi under the Registered Sale-deed dated 14-10-2005 as he acquired the same from the predecessor on the basis of Entry No.219 of VF-II of Survey No.18 Deh Form-II which is based on Entry No.95 of Deh Form-II. The comments were called for the respondent No.1 Secretary to Government of Sindh Land Utilization Department has filed comments. It is stated therein as follows: "According to Record of Right Sr. No. 18 is NA-Kabuli Government land, inserted with other Sr. Nos. at Entry No.95 of VF-II, Deh Songal, in favour of legal-heirs of deceased Esso, who are purported to have sold the said area from Sr. No.18 to petitioner at Entry No.219 of VF-II. As original Entry No.95 is false and fictitious, hence the subsequent entry has no legal sanctity. The ownership of petitioner is not based on legal and sound footing. Therefore, the petition is liable to dismissal with cost."
2. It is further claimed that ownership of land is the Government. Such being the position and disputed question of fact cannot be adjudicated and decided in instant petition. The petitioner having if any right, same can be established through proper forum either before the Revenue Authority under the Land Revenue Act or If circumstances so exists in before civil trial. The petition stands disposed of in above terms along with pending application. H.B.T./A-76/K Order accordingly.