| Case ID |
73604ce1-baa2-4f58-b34d-63d08e5b555b |
| Body |
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| Case Number |
C.P. No. D-846 of 2014 |
| Decision Date |
Apr 26, 2016 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the Petitioners, Abdul Haq and Zakir Hussain, who sought restraining orders against the Respondents regarding the construction of a boundary wall that they claimed infringed upon their lawful possession of land. The Court held that the Petitioners could not establish a prima facie case of entitlement or possession over the disputed land, as their claims were seriously disputed by the Respondents and the relevant revenue authorities. The Court emphasized that issues of ownership and possession cannot be resolved through writ jurisdiction and must follow due process of law. Furthermore, the Petitioners had previously filed suits that were dismissed for non-prosecution, which did not determine the merits of their claims. The judgment referenced earlier Supreme Court rulings, reinforcing the principle that constitutional jurisdiction under Article 199 cannot be invoked where a proper legal remedy is available. |
| Summary |
In the case before the Sindh High Court, the Petitioners, Abdul Haq and Zakir Hussain, contested the actions of the Respondents concerning the construction of a boundary wall that allegedly encroached upon their property in Khairpur. The Court evaluated the constitutional jurisdiction under Article 199 of the Constitution of Pakistan, which restricts its invocation in matters where adequate remedies exist under the law. The Petitioners claimed joint ownership of the disputed land but faced significant opposition from the Respondents, including government officials, who disputed their claims and pointed out procedural deficiencies in the Petitioners' arguments. The Court's ruling emphasized the necessity for proper legal channels to resolve ownership disputes, particularly when previous legal actions had been dismissed without a substantive hearing. This case underscores the critical importance of following due process in property disputes and highlights the limitations of constitutional petitions in addressing matters of title and possession. Key legal principles were reiterated, reinforcing the need for evidence in ownership claims and the importance of established legal procedures. |
| Court |
Sindh High Court
|
| Entities Involved |
Taluka Bar Mirwah
|
| Judges |
AQEEL AHMED ABBASI,
MUHAMMAD FAISAL KAMAL ALAM
|
| Lawyers |
David Lawrence for Petitioner,
Shahryar Imdad Awan, Assistant Advocate General Sindh,
Shafique Ahmed Leghari, State Counsel,
Aftab Ahmed Shar, Advocate, representing Taluka Bar Mirwah for Respondent No. 11
|
| Petitioners |
ABDUL HAQ,
ZAKIR HUSSAIN
|
| Respondents |
PROVINCE OF SINDH THROUGH CHIEF SECRETARY AND 9 OTHERS
|
| Citations |
2017 SLD 2113,
2017 YLR 424
|
| Other Citations |
Federation of Pakistan and others v. Major (Retd.) Muhammad Sabir Khan PLD 1991 SC 476
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|