ALI BAQAR NAJAF', J. --- The grievance of the petitioner, Dr. Mansoor Ahmed Minto, voiced in this Constitutional petition is that the property i.e. Apartment No. 54, Askari III Apartment, School Road, Karachi IV, allotted to his brother, who was Army Personnel, has been transferred on his demise, by respondent No. 1 in favour of respondent No. 2 ignoring the remaining legal heirs. The petitioner submitted representation narrating his grievance about the transfer of above-mentioned property in favour of respondent No. 2 which is pending so far.
2. Learned counsel for the petitioner contends that respondent No. 1 has no authority to transfer the property vested in the, name of demised brother of the petitioner in favour of respondent No. 2 depriving other legal heirs; that Joint Service Instructions No. 36/60 and 3/69 reported in 1982 FSC 146 does not confer authority upon respondent" No. I to transfer the above-mentioned property only to one .Enforcement of right rather establishment of right by placing reliance on a reported case titled Asadullah Mangi & others v. PtAC & others (2005 SCM R 445).`He relies on Tahir v. Mst.
Sardaran and others (2007 M LD 619) to submit that the Civil Court alone has jurisdiction to adjudicate the matter relating to title Places reliance on Moula Bux alias Mouledino v. S.H.O. Police Station Hatri Ghulam Shah and 2 others (2003 YLR 1316) to support his contention that petitioner has alternate remedy under the law and cannot invoke the extraordinary jurisdiction of this Court.
Lastly he prays for dismissal of the writ petition.
3. Learned Standing Counsel appearing on behalf of respondent No. 1, Federation of Pakistan, by supporting the contentions of the learned counsel for respondent No. 1 states that order passed by respondent No. 1 is legal and is not open to question in Constitutional jurisdiction.
4. I have heard the learned counsel for the parties and perused the record.
5. Admittedly, not only the property namely, Apartment No. 54, Askari III Apartment, School Road, Karachi IV, exists within the territorial jurisdiction of the Courts at Karachi but also the petitioner resides at Karachi and this Court lacks territorial jurisdiction. Moreover, the learned counsel for the petitioner has failed to show any title document of any property in the name of the deceased officer, falling part of the estate of the deceased as TARKA. In this view of the matter, the writ petition is dismissed being not maintainable. .