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2009 YLR 1834

HABIB-UR-REHMAN And 7 others vs CITY DISTRICT GOVERNMENT (K. B. C. A. ,

Citation2009 YLR 1834
CourtSindh High Court
Case No.Petition No,D-467 of 2005
Date2008-09-16
Judge(s)Munib Ahmed Khan, Rana Muhammad Shamim
ResultPetition dismissed

ORDER

1. ' MUNIB AHMAD KHAN, J.---After hearing the arguments of learned counsel for the parties, it appears that the petitioners are claiming land from respondent No,3. According to learned counsel for the petitioner, he has purchased 6-16 acres of land from survey No,227 and 7-21 acres of land from Survey No,228 total admeasuring 13-37 acres of land and has got a layout scheme approved.

2. ' Mr. Neel Keshav, learned counsel appearing for respondents Nos. 4 to 6 submits that a total 13-26 acres of land was sold while the respondent No,3 got an approved layout plan on 14-22 acres. It has also been contended that certain land has been excessively occupied while certain measurements while according to Mr. Neel Keshav, this construction has been raised by the respondent No,3 and he has sold out the plots.

3. ' Mr. Shaikh Munir-ur-Rehmani, learned counsel for respondent No,3 submits that there are K.B.C.A comments according to which construction has been raised on the pipelines etc. ' In the light of above, we are of the humble view that instant petition cannot be entertained by this Court in its Constitutional jurisdiction on factual issues, which can only be settled and decided, after the evidence of the parties is recorded. This petition in such circumstances does not merit consideration which is accordingly dismissed together with the listed application. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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