Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S. 3---West Pakistan Land Revenue Act (XVII of 1967), S. 175---Constitution of Pakistan, Art. 199---Constitutional petition---Encroaching upon public way/thoroughfare---Petitioner who claimed to be co-owner and co-sharer in Khata concerned along with the respondents, alleged that respondents, without resorting to partition of land, forcibly occupied some portion of the land in the said Khata and made obstacle and blocked the way from routing through---Said portion of land was shown as thoroughfare in the records of rights since so many years---Petitioner feeling aggrieved lodged petition under S.3(2) of Illegal Dispossession Act, 2005 which petition had been dismissed by the Trial Court---Validity---Petitioner had approached wrong forum for removal of alleged encroachment upon the thoroughfare---Section 175 of the West Pakistan Land Revenue Act, 1967 governed the controversy, which had laid down that if land was reserved for common purposes for the residents in the estate in which the land was situated and had been encroached upon by any person, Revenue Officer could, on application of the landowner, eject him from said land---Another remedy available to the petitioner was a complaint before the Area Magistrate in terms of S.133, Cr. P. C., which dealt with public nuisance---Petitioner had not adopted such procedure---Complaint under S.3 of Illegal Dispossession Act, 2005 regarding encroachment on public was not competent. 2008 PCr.LJ 1124 rel. ORDER SYED AKHLAQ AHMAD, J.---Through this writ, Sadiq Hussain/petitioner has prayed that the impugned order dated 17-6-2010 passed by the learned Additional Sessions Judge D.G. Khan be set aside being violative of law and he be directed to decide the case on merits in accordance with law. 2. Contents of the petition show that the petitioner is co-owner and co-sharer in Khata No. 34 of Mauza Chabri Zareen Tehsil D.G. Khan along with respondents Nos. 1 to 4. Respondents Nos. 1 to 4 without resorting to partition of land, forcibly occupied some portion of land in the said khata and made obstacle and blocked the way from routing through it which was shown many years ago in the…

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