KAMDAR KHAN and 7 others vs HAZRAT AKBAR and 5 others
This criminal revision petition challenges the dismissal of a complaint filed under the Illegal Dispossession Act 2005. The petitioners, claiming ownership and possession of specific land, alleged that the respondents, described as habitual land grabbers, illegally dispossessed them by ploughing the property. The trial court dismissed the complaint as non-maintainable after considering an inquiry report from the local police. Upon review, the High Court observed that the parties were already engaged in protracted civil litigation regarding the same property, with a civil revision currently pending. The Court held that the petitioners were attempting to use criminal proceedings to circumvent the ongoing civil litigation, which is impermissible. Furthermore, the Court noted the absence of evidence establishing the respondents as members of a land-grabbing gang or police findings confirming illegal dispossession. Relying on established Supreme Court precedents, the High Court affirmed the trial court's decision, finding the impugned order neither perverse nor arbitrary. Consequently, the revision petition was dismissed in limine, as the complaint lacked legal sustainability.
- Can a complaint under the Illegal Dispossession Act 2005 be maintained when the parties are already engaged in pending civil litigation regarding the same property?
- Is it permissible to initiate criminal proceedings under the Illegal Dispossession Act 2005 after failing in civil litigation concerning the same land?
- Does the absence of evidence regarding the status of respondents as 'land grabbers' render a complaint under the Illegal Dispossession Act 2005 non-maintainable?
- Section 3, Illegal Dispossession Act 2005
- Section 4, Illegal Dispossession Act 2005
- Section 173, Code of Criminal Procedure 1898
ORDER
' SHAH JEHAN KHAN AKHUNDZADA, J.---Kamdar Khan and others petitioners herein instituted a complaint against Hazrat Akbar and others respondents on 13-6-2012 under sections 3/4 of the Illegal Dispossession Act 2005, in the Court of Sessions Judge, Swabi, which was in turn entrusted, to the Court of Mrs. Munira Abbasi, ASJ-II Swabi for disposal. The contents of the complaint inter alia are as under:- ' That Kamdar Khan complainant along with his other co-sharers is owner in possession of the property measuring 15 kanals, 5 marlas consisting of Khasra No,3316 in Khata No,938 situated in village Dagi District Swabi; that the respondents are being habitual land grabbers on 22-5-2012 have ploughed their property by Tractor and had illegally taken possession of it regarding which petitioner No,1 made report to the local police, which was entered in Daily Diary No,15 dated 23-5- 2012 of Police Station Kalu Khan, but the respondents are highly influential persons of the locality and also dealing in politics, therefore, the local police are making delaying tactics and delaying investigation and are thus hesitant to proceed legally against the respondents. Hence the present complaint.
2. Notice of the instant complaint was issued to the respondents and inquiry at the direction of the Court was conducted by the concerned SHO and report whereof was submitted by the SHO, which is available on file and then after hearing argument of the learned counsel for the complainant on the question of maintainability of the complaint dismissed it being non-maintainable vide the impugned judgment and order dated 10-7-2012, hence the petitioners assailed it before this Court through the instant Criminal Revision Petition.
3. I have heard the learned counsel for the petitioners at length and carefully gone through the available record.
4. The available record shows that civil suit was decided between the parties, appeal against which was also dismissed by the lower appellate Court and against the concurrent findings of the Courts below, Civil Revision is pending adjudication before this Court and its ultimate result will be followed in due course of law. But the record reveals that after failing in the civil litigation, the petitioners have resorted to this criminal litigation, which in my view, by no stretch of imagination, is permissible, because there is no proof on the record that either the respondents are members of the gang of land grabbers or the local police in the report under section 173, Cr.P.C. Has opined in clear words that the respondents have ploughed the land of the petitioners on 22-5-2012 and have illegally dispossessed them on the ground of having collected no convincing materials in this regard. Thus after going through the materials available on file the learned trial Court keeping in view the dicta laid down by the august Supreme Court of Pakistan in PLD 2010 SC 616 and PLD 2010 SC 661, has rightly dismissed the instant complaint being not maintainable and sustainable in the eye of law. The impugned order of the learned trial Court is neither perverse nor arbitrary nor illegal, which is hereby maintained. Consequently the Criminal Revision Petition in hand having no force, is hereby dismissed in limine.