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2003 CLC 1461

MUHAMMAD ALTAF NIZAMI vs FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN

Citation2003 CLC 1461
CourtSindh High Court
Case No.Constitutional Petition No, 1219 of 2002
Date2002-08-16
Judge(s)Ghulam Rabbani, Sayed Saeed Ashhad
ResultPetition dismissed

ORDER

1. ' Through this petition the petitioner has made the following prayer:-- "it is therefore, most respectfully prayed that the writ may kindly be issued to the respondents that:-

(a) The petitioner should not be disposed or ejected from his shop bearing No,26 (presently No,42), situated at Commercial Shopping area of Majeed S.R.E. (Sailors Residential Estate), Dalmian, Stadium Road, Karachi, without redressing his grievances under the law.

(b) The petitioner be allowed to open his shop and carry out his business to earn his livelihood for his family and his children the only source which he has. Presently he is at no work to that effect.

(c) The petitioner should not be harassed, humiliated or threatened of the dire consequences and should not be treated otherwise than lawfully entitled.

(d) The respondents should not interfere into the lawful business or the respondents should not create any coercion.

(e) The termination of petitioner's rent allotment and subsequent allotment to respondent No,6 be declared as illegal, void ab initio.

(f) The operation of the impugned notice order dated 9-7-2002 be set aside.

(g) In the meanwhile in pendency of the petition, the operation of the order dated 9-7-2002 be suspended.

(h) Any other relief or reliefs as this Hon'ble Court may deem think, fit and proper in view of the circumstances of the case to secure the end of justice."

2. 'Each and every prayer for its decision require enquiry into controverted and disputed facts, which would necessitate recording of evidence of the parties. This Court in exercise of its Constitutional jurisdiction under Article 199 does not resort to decide intricate and complicated question of facts nor proceeds to record evidence. Even otherwise, in this petition, the petitioner seeks his re- induction into the shop from which he has been evicted and dispossessed. In the circumstances he has adequate remedy under other laws for seeking restoration of the possession and a Constitutional petition will not serve the purpose.

3. Upon the above discussion this Constitutional petition is absolutely baseless, frivolous and not maintainable. Accordingly, it stands dismissed in limine alongwith listed application.

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