A BDUL QUDDOOS BEHARI Versus D.C., SANGHAR

1. The case of the petitioner is, that about 1,200 acres of evacuee land which originally belonged to one Pursoomal, father of respondent Seromal were allotted to different Mohajir families of East Punjab some time in 1950. Similarly another piece of land measuring about 165 acres belonging to evacuee Udharam had also been allotted to them. It has been alleged by the petitioner that this land has been forcibly taken by some persons including respondents Nos. 4 to 9. Respondents Nos. 1‑3 are Assistant Deputy Commissioner Sanghar, Commissioner, Khipro and Mukhtiarkar Khipro respectively. Consequently, the petitioner has prayed for declaration that the land in question was evacuee land and no other person had right to interfere with the same. The petitioner has also prayed for restoration of the land to its original allottees.

2. It may be pointed out that the petitioner has failed to indicate as to what interest the petitioner has in the subject‑matter or that he is an aggrieved person. The petition also fails to disclose as to what was the action taken by the official respondents in the matter against which the petitioner was aggrieved. It hardly need to be mentioned that only an aggrieved person can invoke the jurisdiction of this Court under Art. 199(1)(a) of the Constitution. The petitioner has failed to point out as to how he was aggrieved. Moreover the allegations made by the petitioner are vague and even the date of alleged wrongful occupation of the land has not been disclosed. In any case, if the respondents have trespassed on the land belonging to some other persons, the latter can seek their remedy before the Civil Court.

3. Consequently, this petition appears to be completely misconceived and the same is dismissed with costs. The miscellaneous application fixed for hearing alongwith the main petition is also dismissed, having become infructuous.

4. S.Q./A‑179/K Petition dismissed.