Law:

Section:

Sindh Public Property (Removal of Encroachment) Act (V of 1975)------Ss. 2(c) & 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Encroachment upon public property---Petitioner had impugned the action of authorities as regards issuance of notice under Sindh Public Property (Removal of Encroachment) Act, 1975---Petitioner had stated that lease having been executed in his favour, Sindh Public Property (Removal of Encroachment) Act, 1975 was not applicable---Inquiry into the question of encroachment on public property was held according to which petitioner had encroached upon the public property; that alleged execution of lease deed in favour of the petitioner, was illegal and without jurisdiction---Record showed that the Sindh Katchi Abadi Authority had no jurisdiction to execute lease in respect of an area not falling within its territorial jurisdiction---Claim of the petitioner as raised in the petition, thus, could not be entertained---Petitioner could seek any remedy as could be available including the right of appeal provided under Sindh Public Property (Removal of Encroachment) Act, 1975---Constitutional petition was dismissed. Chaudhry Abdul Rashid for Petitioner. Syed Jamil Ahmed for Respondents Nos. 1 and 2. Hafeez-ur-Rehman Kardar for Respondent No.3. ORDER The petitioner has impugned the action of the respondents as regards issuance of notice, dated 5-4-2000 under Removal of Encroachment Act, 1975. It is stated by the learned counsel that the lease has been executed in his favour therefore it is not .applicable. It seems that in order to resolve this dispute this Court on…

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