1. ' MUHAMMAD AFZAL SOOMRO, C.J.--- This order will dispose of the above criminal revision filed by the applicant challenging the order dated 14-12-2006 passed by the learned llnd Additional District and Sessions Judge (Malir) Karachi in Criminal Application No,38 of 2006 whereby the said Criminal Application under sections 3 and 4 of Illegal Dispossession Act, 2005 was dismissed.
2. ' The facts in brief as narrated in the present revision are that the applicant is a member of Sindhi Jamiat Cooperative Housing Society Ltd., registered under section 10 of the Cooperative Societies Act, 1925. The applicant having Membership No,733 is the sole and undisputed owner of Plot No,15, Row "A", Block No,2, measuring 120 sq. Yards in K.D.A. Scheme No,25 Karachi, which was allotted to the applicant by the Society on 29-12-1993. After the allotment of said plot, applicant completed all the codal formalities of the Society and subsequently, the Society handed over the possession of the said plot to the applicant. The applicant after taking the possession obtained site-plan from the S. Ciety and applied for the Building Plan which was after securitization approved by the K.B.C.A.
3. The applicant after taking approval from the concerned authority constructed a boundary wall over the said property. The respondents Nos.1 and 2 are running the petrol pump which is situated near to the property of the applicant. The applicant alleged that the respondent No,1 is posing himself to be Major of Pakistan Army and tried to usurp the property of the applicant. The respondents Nos.1 and 2 sent message to the applicant to vacate the said plot otherwise they will occupy the property forcibly, but the applicant refused to do so. Thereafter the respondents Nos.1 and 2 on 2-4-2006 at about 6-00 p.m. Along with some notorious elements tried to occupy the property but due to intervention of Nekmards of the Society they could not succeed. On 21-5-2006 at about 8-00 p.m. Respondents Nos.1 and 2 once again came to the property and demolished the portion of boundary wall of the Plots Nos.14, 15 and 16 and had illegally possessed, grabbed and occupied the plot of the applicant without having any lawful authority to do so. The applicant filed application under the prevision of Illegal Dispossession Act, 2005 in the District Court Malir. On the said application Additional District Judge Malir passed an order wherein the investigation under section 5 of the concerned S.H.O. Was ordered. On 26-7-2006 comprehensive investigation report was filed by the S.H.O. Shah Latif Town, Karachi which was taken on record. It has been stated that the learned trial Court passed the impugned order dated 14-12-2006 without recording the statements of witnesses under section 202, Cr.P.C.
4. ' The respondents Nos.1 and 2 filed their objections denied the allegations in toto and tried to shift the burden from them.
5. ' The applicant along with the main criminal application filed an application under section 7 of the Illegal Dispossession- Act, 2005 for interim relief which was argued on 19-9-2006 and the order was reserved on such application, but the learned trial Court instead of to dispose the application under section 7 of Illegal Dispossession Act, dismissed the main application without giving an opportunity of hearing.
6. ' It has been contended by the learned counsel for the applicant that the impugned order dated 14-12-2006 is illegal, void ab initio and nullity in the eyes of law. It has further been contended that the impugned order is not only a defective order but also passed in violation of the principles of natural justice, as no opportunity of hearing of case was even given to the applicant's counsel to prove his case which is very clear from the record that the said plot was allotted by the Sindhi Jamiat Cooperative Housing Society Ltd., to its member and the said plot is still lying in the Master Plan and layout plan of the Society. It was the contention of the learned counsel for the applicant that in the complaint it has been mentioned that the possession of Plot bearing No,15 is still in illegal possession of respondents Nos.1 and 2 which fact was not denied by the said respondents in their objections. Learned counsel also argued that the learned Additional District Judge (Malir) did not take into consideration the statement of witnesses, which showed that the applicant was in lawful and undisputed possession of the said plot and respondents Nos.1 and 2 illegally occupied the said plot by force. Learned counsel pointed out that the learned Additional District Judge did not consider the documents placed on record from the side of the applicant i.e. Membership Register's Page, Possession Order dated 13-12-1995, Site Plan Building Plan from K.B.C.A. Application to K.E.S.C. And Electric bills in the name of the applicant. Learned counsel stressed upon his arguments that serious interest of the applicant is involved as his valuable plot which is the only hope for the applicant, is illegally occupied by the respondents Nos.1 and 2 who have most unlawfully trespassed and occupied the same by dispossessing him, as such the respondents Nos.1 and 2 violated the fundamental rights of citizens guaranteed by Articles 23 and 24 of the Constitution of Islamic.Republic of Pakistan, 1973.
7. ' Learned counsel appearing on behalf of the State frankly conceded the grant of this revision.
8. ' I have heard the learned counsel for the respective parties perused the record made available before me.
9. The perusal of record shows that the plot in question was allotted by the Sindhi Jamiat Cooperative Housing Society Ltd., to its member and the said plot is still lying in the Master Plan and layout plan of the S'ociety. The record further reveals that the said plot has been allotted to the applicant by the Sindhi Jamiat Cooperative Housing Society being its member and Membership Register's Page, Possession Order dated 13-12-1995, Site Plan and Building Plan from K.B.C.A., Application to K.E.S.0 and Electric bills are in the name of the applicant. It is crystal clear that the respondents Nos.1 and 2 have illegally and unlawfully occupied the plot of the applicant by violating the provision of Articles 23 and 24 of the Constitution of Islamic Republic of Pakistan, 1973. The learned Additional District Judge (Malir) without any opportunity passed by the impugned order by not applying his judicious mind to the veracity of allegations and spirit of B Illegal Dispossession Act, 2005. The learned counsel appearing on behalf of the State has rightly conceded to the grant of this revision.
10. ' For the foregoing reasons I allow the present criminal revision, set aside the impugned order and direct the learned Additional Sessions Judge (Malir) to get the plot of the applicant restored by police force.
11. ' Criminal Revision No,21 of 2007 stands disposed of along with the listed application.