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PLJ 2018 Lahore 116

MUHAMMAD TAUFIQ KHAN vs DEPUTY COMMISSIONER, MULTAN/CHAIRMAN

CitationPLJ 2018 Lahore 116
CourtLahore High Court
Date2017-08-25
Judge(s)Ali Baqar Najafi
ResultPetition disposed of.

ORDER

Through this Constitutional Petition under Article 199 of the Constitution. of Islamic Republic of Pakistan, 1973 the petitioner has sought a. direction to Respondents No, 1 to 3 not to misuse their authorities for the recovery of possession of property. No, 888/9-E measuring 11 Marlas situated near Telephone Exchange, Bosan Road, Multan and the property measuring 7 Marlas situated in Gulgasht Colony, Multan. Further submits that FIR No, 381/2016 dated 18.08.2016 under Section 406, PPC at Police Station, B.Z, Multan lodged by Mst. Hina Hassan, wife of Shahid Pervaiz (Respondent No, 4) regarding the said property which is subject matter of. FIR, has been recommended for discharge. Also submits that prior to the registration of the said FIR a civil suit 'titled, "Muhammad Taufiq Khan vs. Shahid Pervaiz" in connection with property measuring 11 Marlas has been filed by the petitioner which is pending in the Court of Mr. Ibrar Ali Khan, learned Civil Judge, Multan and is fixed for hearing on 21.09.2017 whereas another suit of the same titled regarding the property measuring 7 Marlas has also been filed on the ground that the said property was rented out by Respondent No, 4 which is pending in the Court of Mr.Umar Bashir Sipra, learned Civil Judge, Multan and is fixed for hearing on 28.09.2017 and that during the pendency of the civil suits Respondent No, 1 could not order for dispossession of the petitioner from the said property.

2. The learned. Law Officer who has enters appearance on Court's call submits that the file does not reveal that the petitioner ever appeared before Respondent No, 1 so as to bring into his notice the fact of pendency of the litigation and if these facts are brought into his notice he shall act strictly in accordance with law.

3. Be that as it may, I dispose of this writ petition with an observation that the petitioner shall bring in to the notice of Respondent No, 1 of the facts brought before this Court supported by the documents and thereafter he shall pass appropriate order in accordance with law by ensuring that any proceedings pending before the Court of law are not frustrated.

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