Const. P. 4496/2021 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2021 · Before Zafar Ahmed Rajput

Through instant petition, the petitioner seeks direction to respondents No. 1 to 4 to take legal action against respondents No. 6 & 7 for their malpractice, misusing of powers and committing corruption. Learned counsel for the petitioner contends that the respondents No. 6 & 7 i.e. Mukhtiarkar Gothabad, District Malir and Tapedar (suspended), Gothabad, District Malir, respectively, are involved in malpractice, misusing of powers and committing corruption by disposing of state land, declaring and extending areas of villages illegally, receiving money from innocent people and playing fraud with them. It may be observed that under Section 117 of the Sindh Land Revenue Act, 1967 the Revenue Officer is empowered to define the limits of the village. Any person aggrieved thereby may avail his remedy in Revenue hierarchy. It appears that this petition also carries factual controversy regarding alleged “illegal acts” of respondents No. 6 & 7, which cannot be ascertained and decided without recording pro and contra evidence of the parties, which does not come within the domain of this Court under its Constitutional jurisdiction under Article 199 of Constitution of Islamic Republic of Pakistan, 1973. Besides, for alleged “illegal acts” of the respondents No. 6 & 7 proper remedy is available to the petitioner by filing complaint with Anti-Corruption Establishment or direct complaint before the concerned Court of Anti-Corruption (Provincial). This petition being not maintainable in law is dismissed accordingly. JUDGE JUDGE Athar Zai

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