Law: Sindh Public Property (Removal of Encroachment) Act, (V of 1975)

Section: 3,5

Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Public Property (Removal of Encroachment) Act (V of 1975)--- ----S. 3---Constitution of Pakistan, Art.199--- Constitutional petition---Dispossession from property---Petitioners had claimed that they were legal allottees of house in dispute, but they had been forcibly dispossessed without issuing them any notice---Authorities had alleged that allotment order produced by the petitioners along with memo of petition was forged and fabricated document, it was evident from various documents filed by the authorities along with their comments by way of separate statement, that the petitioners were under unlawful possession and that after applying proper procedure envisaged under the Sindh Public Property (Removal of Encroachment) Act, 1975, action was taken against the petitioners with due process of law---Initially, constitutional petition was moved by the petitioner who had no legal character or locus standi to challenge the action of the authorities on sole ground that house in question was never allotted to the petitioner and it was sine qua non for invoking the jurisdiction of High Court through constitutional petition that the petitioner must be aggrieved person and must have locus standi for availing such jurisdiction---Serious disputed questions of facts were involved in the case and the claim of the petitioners was that allotment order was genuine---Such controversy could not be decided in the constitutional jurisdiction of High Court, in particular where equally efficacious, adequate and alternate remedies were straightforwardly accessible to the petitioners; such as to file complaint under Illegal Dispossession Act, 2005, or file a civil suit for possession, if they were dispossessed from the property in question without due process of law---Authorities having come forward with an unequivocal plea that they had removed the encroachment from government property with due process of law, the petitioners had another option and leisure to seek appropriate remedy provided under Sindh Public Property (Removal of Encroachment) Act, 1975 for protection of their alleged right and entitlement. Hafiz Hamadullah v. Saifullah Khan and others PLD 2007 SC 52; Province…

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