780/2026 Const. P. MDA & another (Petitioner) V/S Muhammad Ramzan (Respondent)

780/2026 Const. P. MDA & another (Petitioner) V/S Muhammad Ramzan (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 27-APR-26

Resultantly, the impugned order is set aside, and the matter is remanded to the learned Anti-Encroachment Tribunal, Karachi, for fresh decision strictly in accordance with law. The Tribunal shall confine itself to its statutory jurisdiction, frame proper issues, allow both parties full opportunity to lead evidence, and decide the matter after examining all relevant documents, including the status of land, legality of the Gothabad sanction, and applicability of relevant notifications by obtaining necessary documents from Senior Member Board of Revenue and Land Utilization department even by summoning them to produce the record of the subject land, though officer of the Board of Revenue. Even the Tribunal can inspect the site. 16. It is clarified that the findings recorded hereinabove is tentative and shall not prejudice the case of either party, and all questions, including that of title and legality of possession, shall be decided afresh on merits by the competent civil Court in accordance with law where the Civil Suit No.3812 of 2025 filed by the respondent No.1 as a attorney of the villagers for Declaration and Permeant Injunction is pending adjudication. Besides the observation recorded in the preceding paragraph for fresh decision the learned Anti-Encroachment Tribunal, Karachi on merits within one month after providing meaningful hearing to all concerned. 17. These are the reasons for our short order whereby the captioned petition was allowed and the judgment of the learned tribunal was set aside.