Law: Illegal Dispossession Act, 2005

Section: 3,7(1)

Law: Constitution of Pakistan, 1973

Section: 199

Illegal Dispossession Act (XI of 2005)--- ----Ss.3 & 7 (1)--- Illegal dispossession--- Restoration of possession--- Principle--- Withdrawal of complaint--- Effect--- On complaint filed by respondent, Trial Court handed over possession of disputed property, to her under S. 7 of Illegal Dispossession Act, 2005, as an interim arrangement--- Respondent, after seeking possession withdrew her complaint--- Plea raised by petitioner was that the complaint could not have been withdrawn without return of the possession as the same was handed over as interim arrangement during pendency of the complaint--- Validity--- Offence and offender was described in S. 3 of Illegal Dispossession Act, 2005, and whoever would commit the offence of illegal dispossession against a lawful owner or occupier then such person indeed could be prosecuted under 'substantive provisions' of Illegal Dispossession Act, 2005, without any restriction--- Offence was described exhaustively in S. 3 of Illegal Dispossession Act, 2005, but not the offenders in specific terms rather it used general terms, such as 'no one' and 'whoever' for the offenders---High Court set aside order of withdrawal of complaint and remanded the matter to Trial Court to decide the application afresh---Constitutional petition was allowed accordingly. Gulshan Bibi and others v. Muhammad Sadiq and others (Civil Petition No.41/2008, Civil Appeals Nos. 2054/2007 and 1208/2015); Sheikh Muhammad Naseem v. Mst. Farida Gul 2016 SCMR 1931 and Edward Henry Louis v. Dr. Muhammad Safdar 2009 PCr.LJ 1359 ref. Mansab Ali v. Suleman and 7 others 2008 PCr.LJ 199 rel. THIS JUDGMENT DELIVERED BY: AZIZ-UR-REHMAN, J.--- By means of this Constitutional Petition Under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner herein viz. Muhammad Siddique 'inter-alia' is seeking the setting aside of the impugned order dated 11.09.2013 [Annexure 'F' to the MoP]. The 'impugned order' as per Petitioner`s stand besides being against the principle of law of natural justice is 'illegal'. The prayers sought by the Petitioner in the Memo of Petition [In short MoP], are as follows:- "a. To declare that the dispossession of the…

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