The petitioner claiming themselves to be registered society under the Societies Registration Act of 1860, have preferred this Constitutional petition for seeking allotment of amenity plot Nos. ST-34 and ST-35, Block-15, Gulistan-e- Jauhar, Scheme No. 36, Karachi.
2. Briefly stated their case is that the petitioners society is an educational society and its entitled for allotment of these amenity plots for establishment of school as has been done in the case of other organizations, ln the memo, of petition the petitioner have unfolded' some facts to show that they had been pursuing for allotment of these amenity, plots since the year 1994. However, no documents has been brought on record to show that at any point of time respondents had ever acceded to such request of the petitioners.
3. Learned counsel for the petitioners had failed to show us anything from the record which confers vested right in favour of petitioners, for allotment/grant of amenity plots to them in violation of general policy of disposal of amenity plots through open public auction. Further the plea of discrimination raised by the petitioners is also vague and not supported with any material on record.
4. It seems that without having any legal entitlement over these two amenity plots the petitioners have unauthorisedly occupied the same and raised construction of boundary walls which has already been demolished by the KDA, being unauthorized and illegal, and su6h action of respondents had given cause of grievance to the petitioners for filing this petition.
5. Since the petitioners have no lawful title in the two amenity plots Nos. STT-34 and ST-35, Block-15, Gulistan-e-Jauhar, Scheme No. 36, Karachi and as per existing policy, same are to be disposed of only through open public auction, as stated by the learned counsel for City District Government, this petition is wholly misconceived and it is accordingly dismissed in limine alongwith listed application.