Law:

Section:

(i) Illegal Dispossession Act, 2005- ----Ss. 3 & 7 & Preamble--Criminal Procedure Code, (V of 1898) S. 265-K--Constitution of Pakistan, 1973--Art. 199--Invocation of jurisdiction--Illegaly/forcibly dispossessed--Restoration of possession--Respondent filed a complaint--Petitioner moved an application u/S. 265-K Cr.P.C. whereas respondent filed an applications u/S. 7 of Illegal Dispossession Act, 2005--Applications were disposed of applications allowing interim restoration of possession declining invocation of jurisdiction--In absence of any allegation or proof, complaint u/S. 3 of Illegal Dispossession Act, 2005 could not have been entertained, proceeded or decided by Addl. Session Judge, because pre-amble of Illegal Dispossession Act, is explicit and is reproduced for convenience--Impugned order directing return of possession to respondents was coram non judice--Petitioners might have been forcibly dispossessed from land in question but they have other remedies available to them under ordinary law of land. [P. 705] A & C 2007 P.Cr.R. 2001. (ii) Illegal Dispossession Act, 2005- ----Preamble--"Property Grabbers" used in Illegal dispossession Act, 2005 as Qabza Group/Land Mafia and made it obligatory for the Court of Session to prima facie satisfy that persons complained had credentials antecedents of property grabbing. [P. 705] B Order This constitutional petition assailed the order-dated 23.5.2006. passed by the learned Additional Sessions Judge Chakwal, to be declared illegal, void and of no legal consequence, whereby petitioners were directed to put Respondent No. 1 in possession of the disputed property, within seven days. 2. Succinctly, relevant facts are that Respondent No. 1 on 6.3.2006 filed a complaint under Section 3 of the Illegal Dispossession Act, 2005 with the allegations that the petitioners on 20.2.2005 illegally/forcibly dispossessed him from land measuring one Kanal out of Khasra No. 1446 of khewat No. 1076 of Village Kallar Kahar District Chakwal. Petitioner appeared before the learned Additional Sessions Judge and moved an application under Section 265-K Cr.P.C. whereas Respondent No. 1 filed an application under Section 7 of the…

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