| Citation(s) |
|---|
| 2013 SLG 805 2013 SLD 805 2013 CLC 1155 |
Sindh High Court
Constitutional Petition No.D-2398 of 2012, decision dated: 19-02-2013
MUSHIR ALAM, C.J. AND SADIQ HUSSAIN BHATTI, J
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Constitutional Petition No.D-2398 of 2012, decision dated: 19-02-2013
MUSHIR ALAM, C.J. AND SADIQ HUSSAIN BHATTI, J
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MUHAMMAD YOUSAF KHAN BUGTI and anothers
VS
PROVINCE OF SINDH through Senior Member, Board of Revenue and 5 others
Law: Constitution of Pakistan, 1973
Section: 199
Law: Constitution of Pakistan, 1973
Section: 199
Law: West Pakistan Land Revenue Act, (XVII of 1967)
Section: 172(2)(vi)
Constitution of Pakistan-------Art. 199---West Pakistan Land Revenue Act (XVII of 1967), S.172(2)(vi)---Constitutional petition----Petitioners sought correction of entry in the Revenue Record---Petitioners should have exhausted other remedies provided in law to them in the hierarchy of revenue forums before invoking constitutional jurisdiction of High Court---Petition being premature was dismissed. 2004 SCMR 400; PLD 1972 SC 279; PLD 1987 SC 447; 1999 SCMR 1881; 2005 YLR 252; 2006 CLC 1902 and 2009 CLC 990 distinguished. Mumtaz Ahmed and another v. The Assistant Commissioner and another PLD 1990 SC 1195 rel. Sibghatullah Patoli and Saleemuddin A. Patoli for Petitioners. Miran Muhammad Shah, Addl. A.-G. Sindh for Respondents Nos.1 to 4. Malik Naeem Iqbal for Respondents Nos.5 and 6. Iqbal for Board of Revenue. Date of hearing: 22nd January, 2013. ORDER SADIQ HUSSAIN BHATTI, J.--- The petitioners being aggrieved and dissatisfied with the order dated 22-5-2012 passed by the Assistant Commissioner, Taluka Tangwani (respondent No.3) on the application of respondents No.5 and 6 without hearing the petitioners and other legal heirs of late Sardar Ghulam Mustafa Khan Bugti by cancelling the Entries of the Part of the gifted land in the name of late Sardar Ghulam Mustafa Khan Bugti. 2. Briefly the facts as enunciated in the petition, in hand, by Muhammad Yousuf Khan Bugti and Muhammad Baber Khan Bugti (petitioners) both sons of Late Sardar Ghulam Mustafa Khan Bugti against six respondents including Mst. Ittefaque Begum (respondent No.5) and Mst. Akhtar Shaheen (respondent No.6), who jointly moved an application to the Deputy Commissioner, Kashmore at Kandhkot, who forwarded the same to the Assistant Commissioner, Tangwani, directing him to pass an appropriate legal order after hearing the concerned Parties. The Assistant Commissioner passed the order dated 22-5-2012, which is impugned by the Petitioners above-named. Late Sardar Ghulam Mustafa Khan Bugti was the owner of agricultural land bearing Survey Nos.476, 477, 478, 479, 480, 443, 444, 445, 446, 447, 448, 449, 450, 451, 453, 454, 466, 467, 468, 469, 470, 471, 460, 474, 475, 455, 456, 457, 458, 459, 461, 462, 463,…
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