The petitioners have invoked the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, against the action of respondents whereby the premises bearing No. ST-22 (Site - No.24), KDA Scheme No.13-A Kohsar (Hill Park), Karachi, were sealed by them.
2. In nutshell, the case of the petitioners is that their predecessor- in-interest, Muhammad Azizullah Jung, was allotted the above plot for children amusement park vide allotment letter dated 6.8.1968 and since then it is in their possession. Further case of the petitioners is that after the demise of original allottee Muhammad Azizullah Jung they had been pursuing the matter before the respondents for grant of appropriate lease in their favour but despite all payments the matter has remained unattended and now illegally the park has been sealed by the respondents.
3. The respondents, in their reply have not disputed the original allotment of plot in favour of Muhammad Azizullah Jung, but they have disputed other assertions of the petition.
4. It seems that during the ' pendency of this petition vide order dated 1.6.2002 the officials Assignee of Karachi was appointed Receiver and he has taken over the management of the disputed park.
Further the petitioners have deposited with the Nazir of this Court a sum of Rs.12, 29,000/- in terms of the same order, which has been invested in profit bearing scheme.
5. After hearing the learned counsel for the parties at some length and their consent we dispose of this petition and listed application in the following terms:-
(a) The management of the disputed children amusement park will remain with the official Assignee of Karachi for a further period of three months from today in terms of various orders passed in this petition.
(b) The concerned Respondent No.2 will be . Approached by the petitioners through proper application, accompanied with all the relevant documents, disclosing their claims in respect of the disputed plot bearing No.ST-22 (Site No.24) KDA Scheme No, 13-A, Kohsar (Hill Park), Karachi, within fortnight from today. The respondent No.2 will hear the petitioners/their representative and will decide the matter in accordance with law within the aforementioned period of three months.
(c) The transfer of management from the official Assignee, after laps of three months, and disbursement of amount deposited by the petitioners will be followed in accordance with the decision made by Respondent No.2.