Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XVIII, R.18---Constitution of Pakistan (1973), Art. 199---Power of Court to inspect site/property---Site inspection can be conducted for proper appreciation of facts, but same can never be a substitute for evidence and cannot be taken as evidence per se. (b) Constitution of Pakistan (1973)--- ----Art. 199---Civil Procedure Code (V of 1908), S.9---Constitutional jurisdiction--- Disputed question of facts, investigation of---Scope--­Extraordinary Constitutional jurisdiction conferred under Art.199 of the Constitution cannot be converted into original civil jurisdiction, wherein pleadings of parties are taken on record, issues are framed, evidence furnished by parties is recorded, and thereafter disputed questions of facts are determined---Disputed question of fact cannot be decided in Constitutional petition. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.--- The petitioner has sought the following reliefs:-- "It is respectfully prayed that this Honourable Court may be graciously pleased to: (i) Declare that the orders of respondent No.1, dated 11-12-1991 and 11-2-1993 and the issuance of Sanads are illegal, void and of no legal effect. (ii) Direct respondent No.1 to cancel his illegal orders and the Sanads issued to respondents 5 to 52. (iii) Suspend the operation of the impugned orders and Sanads pending disposal of the petition. (iv) Direct respondents Nos.2 and 3 to suspend forthwith from carrying on any construction on Survey No.33, Deh Manghopir, Naclass and/or Revenue Survey No.4. (iv-a) Restrain the respondents 5 to 52 from alienating transferring the possession of their respective residential quarters, and/or raising any further instructions on the residential quarters. (v) Grant such other or further relief as this Honourable Court deem fit. (vi) Grant costs of the petition. " 2. On 5-3-2002 the learned counsel for the petitioner placed a copy of minutes of the meeting of Board of Revenue held on 11-2-2002 regarding the encroachment on the State land in former District (West), Karachi. 3. The learned counsel for the petitioner further stated that the grievance of the petitioner is likely to be redressed in the…

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