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Constitutional Petition No.D-1494 of 1978, decided on 28th January, 1985.

Constitution of Pakistan (1873)--

---Art. 199--Mohag right, claim of--Report of local Commissioner confirmed that street existed between petitioner's petrol pump and disputed plot--Petitioner having failed to establish his right of "Mohag", held, had no locus standi to impugned sale of such plot--Constitutional petition not competent in circumstances.

Raja Sher Muhammad Khan for Petitioner.

G.M. Qureshi for Respondent.

The petitioner who is acting as the attorney for Sadruddin son of Feroze Bhai, Proprietor Platinum Oil Company Dadu through this petition has prayed for the following reliefs:-

"(i) Declare that the petitioner and Syed Jurial Shah being the Mohagdars are entitled .to the allotment of the said plot.

(ii) Declare that the order passed by the Board of Revenue Sind Hyderabad is illegal, mala fide and of no legal consequence and as such should be set aside.

(iii) Grant such and/or any other relief as this Hon'ble Court may deem fit and expedient in the circumstances of the case.

(iv) Grant costs of the petition."

(b) The brief facts leading to the filing of the above petition are that the Commissioner,, Hyderabad Division, Hyderabad by his order, dated 24-7-1975 addressed to the Deputy Commissioner Dadu sanctioned the sale of Plot No.1122, measuring 675 square feet equivalent to the 75 square yards (Annexure 'F' to the petition). The petitioner being aggrieved by the above sale filed a revision, namely, Case No.SHOR-246 of 1975-76, which was dismissed by respondent No.l by an order, dated 18-.10-1978 and in which it was held that the petitioner had no Mohag right as there was a street between the petitioner's petrol pump and plot in dispute. Petitioner being aggrieved by the above sale and above order has filed the above petition.

2. It may be observed that a Division Bench .of this Court by an order, dated 11-2-1979 had appointed the Nazir of the District Court, Dadu as Commissioner for ascertaining the factual position at site as to the stage of construction. The Nazir after issuing requisite notices to the parties inspected the site and prepared his report, dated 14-3-1979 which also contained a rough sketch. The above report also confirmed the fact that there was a street between the petitioner's petrol pump and the plot in dispute. In view of the above factual position the petitioner has no alleged Mohag right and hence the petition is not competent as there has been no violation of the petitioner's right.

(b) However, it was urged by Mr. Raja Sher Muhammad Khan, learned counsel for the petitioner that the above sale was in violation of the policy of the grant contained in the Sind Government Gazette A (Extraordinary), dated 5th June, 1975 and therefore the above sale is liable to be cancelled. In our view, for the purpose of the above petition the petitioner was required to show Mohag right "which was made the basis of filing of the above petition.

Since admittedly the petitioner has no Mohag right the petitioner has no locus standi to impugn the above sale through a writ petition. The petition is dismissed with no order as to costs.

H. B. T.

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