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PLD 2006 Karachi 3

ZIAIJL KARIM and 34 otherss vs PROVINCE OF SINDH through Secretary,

CitationPLD 2006 Karachi 3
CourtSindh High Court
Case No.Constitutional Petition No,D-1548 of 2003
Date2005-05-12
Judge(s)Ata-ur-Rehman, Syed Ali Aslam Jafri
ResultPetition dismissed

ORDER

1. ' This is a petition under Article 199 of the Constitution of the Islamic Republic of Pakistan with the following prayers: "It is therefore, prayed that this Honourable Court may be pleased to call for the record and proceedings of Suit No,594/2001 and hear this appeal and this impugned order dated 5-5-2005 be suspended or set aside and dismissed the application under Order XI, Rule 1 and read with section 151 C.P.C. With cost throughout and better relief which this Honourable Court may deem fit and expedient in the circumstances of this appeal."

2. There are 35 petitioners in this petition. The case of the petitioners in brief is that they have acquired plots of land from Messrs Virsa Construction, a partnership firm and also paid the sale consideration. Subsequently, they came to know that Messrs Virsa Construction had no title to the property and it was a Government land. According to the petitioner number of proceedings pending in respect of the same. The respondents filed their comments wherein it is stated that the land was owned by the Government and at no point of time it was owned by Messrs Virsa Construction and as they were unable to transfer to the present petitioner.

3. ' We have heard the learned counsel of the petitioner, the learned A.A.-G., Mr. Mazoor Ahmed and examined the record as well as considered the arguments submitted by both the sides. Admittedly the land in question was not owned by Messrs Virsa Construction which they have handed over to the present petitioners after taking substantial consideration. It appears that this activity by the Messrs Virsa Construction was carried on for many years right under the nose of the official functionaries and they have not taken any notice thereof and let the Messrs Virsa Construction to cheat the present petitioners. At the same time it also appears that the present Petitioners while paying the consideration to the Messrs Virsa Construction had not entered into any inquiry as to the title of Messrs Virsa Construction in the disputed property. It is being contended by the Respondent that in fact this land has already been allotted by the Government to the other parties.

4. Para. 2 of the comments disclosed as to the legal status of the disputed land.

5. It is one of the many cases in which people like the Petitioners have been cheated and defrauded by the Builders and construction companies but it is unfortunate that the Government functionaries never took any action at the right time to save the innocent citizen. However, we are not in a position to grant any relief to the present petitioner through this petition.

6. ' Petition is dismissed and the petitioners are at liberty to approach the competent Court/forum/authority for the redress of their grievance as permitted by law.

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