Case Details

Citation(s)
2021 SLG 2378 2021 SLD 2378 2021 CLC 1704
Sindh High Court
Constitution Petition No.D-151 of 2021, decided on 12th February, 2021, Date of hearing: 12th February, 2021.
MUHAMMAD, JUNAID GHAFFAR, JUSTICE, AGHA FAISAL, JUSTICE
Irfan Aziz for Petitioner. Jawad Dero, Additional Advocate General and Nisar Ahmed for
Respondents.

MUNIR AHMED

VS

PROVINCE OF SINDH THROUGH SECRETARY BOARD OF REVENUE, KARACHI AND 11 OTHErs

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Property (Removal of Encroachment) Act (XVIII of 2010)--- ----Preamble---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Aggrieved person---Locus standi---Scope---Encroachment upon Government land by private persons was not owner/occupant of the land-in-question but was only resident in the vicinity---Exercise of powers, per Art. 199 of the Constitution, was required to be undertaken upon an application of an aggrieved person failed to make any case to qualify him within the definition of an aggrieved person---Present petition and the documentations filed therewith were devoid of any cogent substantiation to suggest that there was any encroachment upon state land or that there was any illegal activity taking place thereupon---Constitutional petition, not being maintainable was dismissed, in circumstances. 2019 SCMR 1952 and Raja Muhammad Nadeem v. The State PLD 2020 SC 282 ref. (b) Sindh Property (Removal of Encroachment) Act (XVIII of 2010)--- ----Preamble---Encroachment upon Government land by private persons---State was duly empowered, if its land was being misappropriated, to take remedial measures including by recourse to the Sindh Property (Removal of Encroachment) Act 2010---In the present case, nothing had been placed on record to demonstrate if the State was aggrieved at all---Constitutional petition, not being maintainable was dismissed, in circumstances. (c) Constitution of Pakistan--- ----Art.199---Constitutional petition---Impleading Government officials as respondents---Encroachment upon Government land by private persons---Held, that primary grievance in the present case, was against private respondents and the petitioner seemed to have impleaded the official respondents to seek adjudication of the grievance before the High Court---Invoking constitutional jurisdiction of the High Court in a private dispute was to be deprecated---High Court after disapproving impleading officials as respondents merely to overcome objections of (High Court) Branch/Office in respect of maintainability, observed that masquerade of pleadings to invoke constitutional jurisdiction of High Court was undesirable---Constitutional…
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