Law:

Section:

Illegal Dispossession Act, 2005 (XI of 2005)- ----Ss. 5 & 7(1)--Constitution of Pakistan, 1973, Art. 199--Interim order--Validity--Complaint under S. 5 of Illegal Dispossession Act, 2005--Additional Sessions Judge proceeded to admit the complaint for regular hearing--Prima facie illegal dispossession was found--Respondents were summoned--Order assailed through Constitutional petition--Held: Order impugned was only an interim order and did not a final order, which could be brought under challenge in the Constitutional jurisdiction. Illegal Dispossession Act, 2005 (XI of 2005)- ----Ss. 7(1) & 8--Constitution of Pakistan, 1973, Art. 199--Discretion--Provision--Order under S. 7(1) Illegal Dispossession Act, 2005 is only discretionary with the Court--The word "shall" used in S. 7(1) of the act will be read as "may" inasmuch as it is only directory provisions--Petition dismissed. Order The petitioner by filing this Constitutional petition has impugned the order dated 21.4.2006 passed by the learned Additional Sessions Judge, Bhakkar (Respondent No. 3) on a complaint made under Section 5 of the Illegal Dispossession Act, 2005 by the petitioner against Noor Muhammad and Dost Muhammad, Respondents Nos. 1 and 2, respectively, whereby he while admitting the complaint for regular hearing has directed the respondents to submit their bail bonds for attendance. 2. Precisely the facts giving rise to instant petition, according to the contents thereof, were that the petitioner was owner in possession of the land measuring 16 kanals situate in Khasra No. 148/1,10, Khata No. 73, all along after the private partition; even in the application moved by him before the Revenue Officer seeking partition of Khata Nos. 73 & 74, it was specifically alleged that he was in physical possession of the aforesaid land since long; on 4.11.2005, Respondents Nos. 1 and 2 alongwith their henchmen while carrying lethal weapons with a view to sabotage the said proceedings, had forcibly occupied the said land, which had been developed by the petitioner with huge expense and labour; this led the petitioner to file the aforesaid complaint before the learned Court of Sessions, whereupon the…

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