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PLD 2006 Karachi 167

LILA RAM through Legal Heirs through Attorneys vs EXECUTIVE DISTRICT

CitationPLD 2006 Karachi 167
CourtSindh High Court
Case No.C. P. No,D-1102 of 2004
Date2005-03-24
Judge(s)Zia Pervez, Ata-ur-Rehman
ResultPetition dismissed

ORDER

1. Misc. No,260 of 2005. By this petition, the letter issued by the respondent No,1, Executive District Officer Revenue, City District Government, Karachi, dated 16-11-1999 with respect to the title of lands bearing S.Nos. 53/17, 32, 51/11-19, 52/12.25, 62/18.09 stated to be measuring 78-00 acres or above situated at Deh: Biti Amri, Scheme 33 Karachi has been challenged.

After notice to the parties, the learned A.A.G. Has appeared and filed his comments along with a copy of the judgment passed by the Hon'ble Supreme Court in Civil Appeal No,236-K/92 dated 16- 11-1993, copy whereof is also available as annexure C to the petition where the question of status of the property as an evacuee property has been considered and decided after finding to this effect arrived at by apex Court on the strength of the documents and notification declaring the property to be evacuee, issued as far back as 1966 and the matter has attained finality.

' Learned A.A.-G. Has stated categorically that the issue was that an entry made in the official record after a letter of Administration obtained from the Court of Additional District Judge Sanghar claiming the lands to form part of estate of the deceased Lela Ram who is stated to have expired in the year 1974, without placing the judgment of the Hon'ble Supreme Court before the Court, is an erroneous entry and as such entry No,24/57 dated 12-7-2004 may be cancelled and the land restored to the Government according to law.

' As the question of status of the property has already been decided by the Honourable Supreme Court in Civil Appeal No,336-K/1992 vide judgment dated 12-1-1994, the subsequent entries are liable to be cancelled. This petition is accordingly dismissed along with the listed application.

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