KHADIM HUSSAIN M. SHAIKH, J.---Petitioners 1. Ghulam Hussain son of Muhammad Ishaque Brohi, 2.Murad Ali son of Ghulam Rasool Brohi, 3.Abdul Majeed Brohi son of Muhammad Soomar ,
4. Zareen Khan son of Ghulam Rasool Brohi,
5. Muhammad Hussain Brohi son of Muhammad Ishaque,
6. Ali Hassan son of Muhammad Aqil Brohi,
7. Meer Hassan son of Muhammad Aqil Brohi,
8. Nasrullah son of Muhammad Yaqoobh Brohi,
9. Wahid Bux son of Behram Khan Brohi,
10. Sikandar Ali son of Wahid Bux Brohi,
11. Muhamm ad Soomar son of Behram Khan Brohi and 12 Habibullah son of Muhammad Yaqoob, claiming themselves to be the owners of hundreds acres of land without disclosing material particulars, such as, Survey Numbers, Deh, etc. have filed this petition; title documents of such huge area of hundreds acres have not been filed with the petition; the petitioners, however , have filed photo copies of entries of VF-VII namely Entry No.27 showing only area of 3-01 acres in the name of petitioner Zareen Khan and 5-03 acres in the name of Murad Ali, Entry No.190 showing an area of 4-00 acres in the name of Muhammad Yaqoob, Entry No.79 showing an area of 6-04 acres in the joint names of petitioners Muhammad Soomar , Bahram Khan, Wahid Bux and whereas, Entry No.647 shows that it is redemption entry from Zarai Tarqiyati Bank Warrah to Ghulam Rasool, in respect of 5-10 acres and a mortgage Entry No.89 in the name of Z.T.B.L. It is well settled that mutation entry is not a document of title, which by itself does not confer any right, title or interest and the burden of proof lies upon the person, in whose favour it was mutated, to establish the genuineness of transfer in his/her favour .
2. It is worthwhile to mention here that it is incumbent upon the petitioner exhausting remedy under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, to establish that he has legal right over the subject property and that such right is so clear that leaves no room of doubt or any controversy , and the exercise of extraordinary constitutional jurisdiction under Article 199 of the Constitution is intended primarily for providing an expeditious remedy in a case where the illegality of the impugned action of an executive or other authority is floating on the surface, which can be established without any elaborate enquiry into the questions involved in the matter .
3. On a query learned advocate for the petitioners has stated that there is murderous enmity between the petitioners and the private persons, who have lodged an FIR No.28 of 2019 for offences under sections 302, 324, 148, 149, P.P.C. at Police Station Nasirabad against the relatives of the applicant and the petitioners are not being allowed by their rivals to cultivate their hundreds acres land; earlier petitioners Muhammad Soomar , Wahid Bux, Zareen Khan, Murad, Ali Hassan, Mir Hassan and others had filed similar petition being C.P.No.S-729 of 2019 re- Muhammad Soomar Brohi and others v. SHO PS Dera and others , which was dismissed by this Court vide order dated 25.10.2019. The said order for the sake of convenience is reproduced hereunder : "Patently this petition is not maintainable, for, the petitioners claiming themselves to be owners of hundreds acres of land without disclo sing material particulars such as Survey Numbers, Deh etc. have filed this petition and no title documents of such area of hundreds acres has been filed with the petition; even otherwise for establishing their ownership and right over the alleged hundreds acres of land the petitioners have to adduce evidence of the nature by initiating appropriate proceedings before the Court of competent jurisdiction, which cannot be gone into the Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. The learned counsel for the petitioners has also not been able to satisfy the Court as to the maintainability of this petition, therefore, this petition being not maintainable is dismissed in limine along with the other listed application."
4. Manifestly the petitioners through this petition seek recovery of possession of hundreds acres of the land without proving their ownership and title over the said land under the garb of so called protection, which cannot be done in the Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, for, the petitioners have to establish their title and ownership right over the alleged hundreds acres of the land by adducing evidence of the nature in appropriate proceedings before the Court of competent jurisdiction. The petitioners by changing the order in Serial No. of the petitioners from the earlier Petition No.S-729 of 2019, has repeated this petition with an object to have some favourable orders and then under the umbrella of that order to forcibly take possession of the alleged hundreds acres of the land, and, this petition besides being not maintainable, having been aimed at to abuse the process of law, is also mala fide one and as such this petition is dismissed in limine along with the other listed applications.