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K.L.R. 2005 Criminal Cases 123

Samiuddin Ghauri vs Lahore Development Authority And Another

CitationK.L.R. 2005 Criminal Cases 123
CourtLahore High Court
Case No.Writ Petition No. 5996 of 2003
Date2003-06-05
Judge(s)Muhammad Akhtar Shabbir
ResultN/A

ORDER

M. AKHTAR SHABBIR, J.-The petitioner has knocked the Constitutional jurisdiction of this Court for issuance of direction to the respondents to issue him allotment letter of a residential plot in any approved scheme of L.D.A, against special Overseas quota.

2. Facts giving rise to the present writ petition are to the effect that petitioner a Pakistani national had been working abroad with Dewan of Royal Court, as Pharmacist in Medical Services State of Oman since 29.11.1991. He was posted in Palace Staff Clinic Department of Medical Services Dewan of Royal Court, See Airport, State of Oman in August, 1992. Petitioner and another person namely Abdul Rashid had moved an application to the then Chief Minister of Punjab for allotment of residential plots in the category of Pakistani serving abroad. Another application was sent to the Chairman Senate. The said applications were sent to the Director Estate Management L.D.A, and in response thereto the applications the petitioner was directed to supply the requisite documents like attested copy of Passport, work Visa Agreement, identity Card and understanding for payment of the price of the plot. These required documents were sent to the petitioner to the respondents.

No reply was sent to the petitioner during stay of his appointment abroad The petitioner has also approached the Federal "Ombudsman" and the application of the petitioner was forwarded to the Director General L.D.A reconsideration. After considering the case of the petitioner for allotment of land, Estate Management Directorate of Lahore Development authority vide, letter dated 21.5.1995 regretted that the allotment policy of special quotas has been abolished in all area of sanctioned schemes and the plots would be allotted through open auction and petitioner was advised to participate in forthcoming auction as per advertised schedule.

3. I have heard the learned counsel for the petitioner and perused the record. As per the documents annexed with the petition by the petitioner himself it reveals that the special quota the categories for allotment of plots has been abolished by the L.D.A, and the plots are to be allotted through the open auction or through the ballot systerrr. Presently, no such scheme is available and in the future, if some kind of special category/quota for allotment of plot in the sanctioned scheme of the L.D.A, is available the petitioner may compete for the scheme but now the petitioner cannot take the benefit of the scheme at this time.

4. Learned counsel for the petitioner has not been able to make out a case or his preference for the allotment of plot in favour of the petitioner, The petitioner has to apply to the concerned authority in accordance with the prevailing policy for allotment of the plots.

5. All the citizens have been granted fundamental right by the Constitution that all citizens are equal before law and are entitled to equal protection of law, no person can be treated specially ignoring the others as enshrined in Article 25 of the Constitution. There is no merit in the case of the petitioner for issuance of direction to the respondents. Learned counsel for the petitioner has also miserably failed to make out a case in exercise of Constitutional jurisdiction of this Court.

6. For the foregoing reasons, this petition being devoid of force is dismissed in limine.

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