| Case ID |
20487dc1-200a-4f45-9fa9-00e882a05d4f |
| Body |
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| Case Number |
D-43 of 2013 |
| Decision Date |
Apr 24, 2019 |
| Hearing Date |
Apr 24, 2019 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Muhammad Soomar concerning the possession of government land belonging to the Irrigation Department of Sindh. The petitioner claimed to be in possession of the land and applied for its lease, seeking to prevent dispossession until his application was decided. However, the court found that the factual controversy regarding possession could not be resolved within its constitutional jurisdiction. The court ruled that even if the petitioner was believed to be in possession, his status was that of an encroacher or trespasser, who could not seek equitable relief. The court concluded that the petition was incompetent and dismissed it without costs. |
| Summary |
This case involves a constitutional petition filed by Muhammad Soomar regarding the possession of a piece of land owned by the Irrigation Department of Sindh. The petitioner claimed peaceful possession and sought to prevent dispossession until his lease application was resolved. The court examined the arguments presented by both the petitioner and the respondents, ultimately determining that the factual dispute over possession could not be adjudicated under its constitutional jurisdiction. The court emphasized that even if the petitioner were in possession, it would be unauthorized, categorizing him as an encroacher/trespasser. Consequently, the petition was deemed incompetent and dismissed, highlighting the legal principle that encroachers cannot seek equitable relief concerning public property. This case underscores the complexities surrounding land possession disputes and the limitations of constitutional jurisdiction in resolving factual controversies. |
| Court |
Sindh High Court
|
| Entities Involved |
Irrigation Department Sindh
|
| Judges |
MUHAMMAD IQBAL MAHAR,
IRSHAD ALI SHAH
|
| Lawyers |
Tariq G. Hanif Mangi,
Sarfraz A. Akhund,
Agha Ather Hussain Pathan
|
| Petitioners |
MUHAMMAD SOOMAR
|
| Respondents |
7 OTHERS,
PROVINCE OF SINDH THROUGH SECRETARY IRRIGATION DEPARTMENT, SINDH
|
| Citations |
2020 SLD 1374,
2020 YLR 1044
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|