Law: Constitution of Pakistan, 1973

Section: 23,24,199

Constitution of Pakistan--- ----Arts. 23, 24 & 199---Right as to property---Protection of private property---Failure to prove ownership of property---Disputed questions of fact---Alternate remedy, availability of---Scope invoked the constitutional jurisdiction of High Court and prayed that he might not be evicted from the subject premises, which was in his lawful possession, being his private property---Validity---Constitutional petition was not maintainable for the reason that the petitioner had failed to substantiate his claim of ownership---Authorities had not issued any allotment order in favour of the petitioner---Mere possession of the subject premises could not confer ownership rights upon the petitioner to claim protection of Arts. 23 & 24 of the Constitution had the remedy to approach civil court for grant of similar relief---High Court could not dilate upon the disputed claims and counter claims of the parties under constitutional jurisdiction---Constitutional petition was dismissed. ORDER ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the instant petition the petitioner is seeking restraining order against Pakistan Railways from disturbing the peaceful lawful possession and title of property viz. City Survey No. 2186 (4175-0 Sqr. Ft) Ward "G" City Hyderabad being private property of the petitioner, with further assertion that lease deed prepared by Pakistan Railways in this regard may be declared as false and fabricated document having no effect upon the private property of petitioner. 2. Mr. Zahoor Ahmed Baloch, learned counsel for the Petitioner has contended that the Petitioner is owner of a piece of land viz City Survey No. 2186 (4175-0 Sq. Ft) Ward "G" City Hyderabad, which was initially in possession of father of petitioner and Sardar Yaar Khan, thereafter petitioner inherited the above property on 12.08.2014; that the petitioner and other co-sharers are in possession of the above mentioned property; that all of sudden on 04.05.2015 Respondent-Pakistan Railways put the aforesaid land for Auction for marriage Hall; that the petitioner rushed to the respondents and produced his documentary evidence of the subject property, but no…

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