| Case ID |
d58732c2-ffef-45aa-82c8-5890e1af0a5d |
| Body |
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| Case Number |
Writ Petition No. 7016 of 2010 |
| Decision Date |
Jul 06, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by Sadiq Hussain, stating that the petitioner approached the wrong forum regarding the encroachment on a public thoroughfare. The court noted that the appropriate legal recourse was to file a complaint with the Revenue Officer under Section 175 of the West Pakistan Land Revenue Act, 1967, or to approach the Area Magistrate under Section 133 of the Criminal Procedure Code for public nuisance. The court found that the petitioner's claims did not warrant relief under the Illegal Dispossession Act, 2005, leading to the dismissal of the case as not maintainable. |
| Summary |
The case revolves around the Illegal Dispossession Act, where Sadiq Hussain claimed that Ghulam Rasul and others forcibly occupied a portion of land in Khata No. 34, which was historically used as a public thoroughfare. Despite the petitioner's claims of being a co-owner and co-sharer of the land, the court determined that he had not pursued the correct legal channels for addressing the encroachment. The court emphasized the importance of following proper legal procedures, including seeking relief from the Revenue Officer or the Area Magistrate, thus reinforcing the legal framework surrounding property rights and public access. This case underscores the necessity for individuals to understand and navigate the legal system correctly when facing issues of land dispossession and encroachment. The decision highlights the complexities of property law in Pakistan, especially concerning public thoroughfares and private ownership rights, and serves as a reminder for petitioners to seek appropriate remedies in accordance with the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED AKHLAQ AHMAD, J
|
| Lawyers |
Malik Ashiq Muhammad
|
| Petitioners |
Sadiq Hussain
|
| Respondents |
6 others,
Ghulam Rasul
|
| Citations |
2011 SLD 2006,
2011 PCRLJ 315
|
| Other Citations |
2008 PCr.LJ 1124
|
| Laws Involved |
Illegal Dispossession Act, 2005,
West Pakistan Land Revenue Act, 1967,
Constitution of Pakistan
|
| Sections |
3,
175,
199
|