2005 PLP 636 (MLD)

We have heard both the learned counsel as well as the learned A.A.-G. According to Mr. Zahid Marghoob, the petitioner derives title from the previous owner of the land in question, which is based on an entry in the village Form VII, learned counsel has submitted that the land in question was originally obtained by one M.R.F. Nazarath, D.B. Ghandi Baehramji etc., on the basis of possessory rights per entry in the register of records of possession maintained by the then Government of Sindh in the year 1919. He has relied upon copy of said register vide Annexure C/1. Thereafter, the land was purchased by one Behram S. Ghandi and Dadabhoy Behramji Edulji Parsi who/their legal heirs subsequently sold it to the petitioner vide registered sale-deed. Hence, per learned counsel there cannot be any question as to the title of the petitioners over the land. He has referred to true copy of said sale-deed which are annexed as Annexures "K" and "L". Now, per learned counsel, despite various reminders and personal visits to the concerned authorities the title of the petitioner is not being recognized and the land is not being consolidated and handed over to the petitioner in accordance with law. Mr. Abbas Ail, learned Addl. A.-G. has submitted that according to the comments filed by the Board of Revenue, the possessory (Haq Qabza) right as maintained in village Form VI does not confer any title upon the possessor as it is reserved for lease of agriculture land maintained in village Form VII. Further per learned counsel these are not transferable and in case conversion is desired from village Form VI to VII, the costs of the land has to be paid to the Government of Sindh. Hence, per learned counsel, there cannot be question of any title as such in favour of the petitioner. Further learned counsel has denied certain documents which have been filed as being correct on the basis that the signatures of the concerned authority have been forged. He has referred to the counter affidavit filed on behalf of the LDA in which such authority has claimed the land in question on the basis that it was transferred to it by KDA. Further more, according to LDA (Haq Qabza) rights have already been decided and rejected by the said authority. The land is unsurveyed and hence cannot be entered in the village form at all. In view of the foregoing submissions at the bar, we are of the opinion that since the title to the land itself is in question. Hence, the same can hardly be adjudicated in writ jurisdiction. Consequently, at the most, we would direct the petitioner to approach the concerned authority for ventilating his grievance and thereafter if he may be not satisfied he may resort to a Civil Court for his remedy. Petition stands disposed of. H.B.T./K-47/K Order accordingly.