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2010 YLR 385

ASAD ALI AWAN vs Mian MUHAMMAD SHAKEEL ^ through LRs, and others

Citation2010 YLR 385
CourtSindh High Court
Case No.Suit No,704 of 2002
Date2008-12-04
Judge(s)Gulzar Ahmed
ResultOrder accordingly

ORDER

1. ' GULZAR AHMAD, J.---It seems that an area of one acre from NC-1 in Deh Moach was leased for 30 years to the defendant No,2 out of which 10 ghuntas was for poultry farming purpose while 30 ghuntas for wahi chahi. This land was transferred vide order dated 24-4-2002 of District Officer Revenue, CDGK in favour of defendant No,1 (20 ghuntas), defendant No,2 (6 ghuntas), defendant No,4 (7 ghuntas) and defendat No,5 (7 ghuntas). On 13-7-2002 a report was submitted by the Mukhtiarkar to the D.D.O. R&R, Keamari Town, Karachi informing that the allottee has violated the terms of the lease inasmuch as instead of using it for poultry farming and wahi chahi, commercial construction has been raised on the land by the lessee and it was noted that the lease is liable to cancellation under section 24 of the Colonization Act, 1912. The Mukhtiarkar who is in attendance states that no action has been taken by the DDO R&R, Keamari Town, Karachi and that if orders are passed, he will take appropriate action for resuming the government land. Let D.D.C. R&R, Keamari Town appear in court on the next date and inform as to the action which has been taken pursuance to the Mukhtiarkar's report dated 13-7-2002. It may be observed that merely pendency of this suit will not be considered as an obstruction for taking action by the Board of Revenue. It will however, be without prejudice to the rights of the plaintiff.

2. ' Adjourned to 19-12-2008 when Mukhtiarkar is also directed to be present in court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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