ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-2522 of 2014

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Dated: Order with signature of Judge(s)

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1. For hearing of CMA No.11915/2014

2. For hearing of main case.

10.01.2018

Mr. Muhammad Ikram Siddiqui advocate for petitioners.

Mr. Rao Sarfaraz Ahmed advocate for SBCA.

Mr. Miran Muhammad Shah Addl. A.G.

None present on behalf of Respondent No.6.

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Present petition has been filed with the following prayers:-

a. Direct the respondent No.1 to 5 to demolish the illegal construction raised on Waqf Plot, measuring 4 acres situated at Haji Mehmood Goth, Deh Halkani, Hub Dam Road, Manghopir, Karachi.

b. To direct the respondent No.3, to cancel or forfeit the grant of 4 acres land which reserved for establishment of Islamic University for Women to the respondent NO.6, and taken its possession to him and to watch/check the plot that the said plot shall use only for which purpose the plot is reserved.

c. Restrain the respondents, their officers, officials, servants, building contractors, employees, agents, any person or persons acting on their behalf not to raise any construction on the said Waqf Plot measuring 4 acres situated at Haji Mehmood Goth, Deh Halkani, Hub Dam Road, Manghopir, Karachi.

d. Direct the respondents Nos.1 to 5, jointly and severally, to remove encroachment from the said amenity plot.

e. Grant permanent injunction against respondents Nos.1 to 4 not to permit conversion of the Waqf Plot into any other purpose except for the establishment of Islamic University for Women.

f. Grant any other better relief which deem fit and proper in the circumstances of the case/four corners of the case.

g. Cost of the proceeding may also be awarded.”

Learned counsel for the petitioners submits that under section 3 of the Sind Goth-Abad (Housing Scheme) Act, 1987 only two ghuntas of land can be allotted under Goth-Abad Housing Scheme. Learned Addl. AG has referred to the judgment dated 31.03.2017 passed in C.P. No.D-1306/2017 by a Divisional Bench of this Court available alongwith parawise comments whereby said petition was dismissed as the same was filed on the basis of fictitious sanad. Learned Addl. A.G. has drawn our attention to the parawise comments already filed by the respondent No.3 Mukhtiarkar Sindh Gothabad Scheme, District West, Karachi wherein it is stated that the documents filed alongwith petition with regard to the plot of 04 acres claimed by the respondent No.6 allotted on the basis of Sindh Gothabad Act are forged and fabricated.

Today learned counsel for the respondent No.6 is called absent without any intimation. However, on perusal of record it appears that on 11.05.2017 respondent No.6 filed a statement alongwith photocopies of certain documents. As per documents the respondent No.6 was allotted a plot of land comprising of 04 acres bearing Plot No.228, situated at Haji Mehmood Goth, Deh Halkani, Hub Dam Road, Manghopir, Karachi. It is further stated in such documents that the Deputy Commissioner, Karachi-West by order dated SGA/KW/1037/1998 dated 31.12.1998 cancelled the form-II in respect of aforesaid plot comprising of 04 acres of land.

As per comments already filed on behalf of respondent No.4, the Sanad issued if any, to the respondent No.6 appears to be illegal as under section 3 of the Sind Goth-Abad (Housing Scheme) Act, 1987 only two ghuntas of land can be allotted under Goth-Abad Housing Scheme.

In such circumstances, office is directed to send a complaint under section 200 of the Code of Criminal Procedure by invoking sections 193, 198, 199, 419 and 468 of the Pakistan Penal Code to the learned District and Sessions Judge, Karachi-West for preparing fake, bogus and forged documents of Plot No.228, situated at Haji Mehmood Goth, Deh Halkani, Hub Dam Road, Manghopir, Karachi in the instant petition to mislead and misguide the Court. The learned District and Sessions Judge is directed to assign the matter to the Court having jurisdiction for taking cognizance and trial of the Trustees of Hawa Ilm-ul-Shifa Trust having address Haji Mehmood Goth, Vangi, Deh Halkani, Hub Dam Road, Manghopir, Karachi. We also direct that all the forged and fabricated documents should be impunded and the entire case file will remain in safe custody of Assistant Registrar of Writ Branch, till completion of the trial of accused.

In the above terms instant petition stands disposed of alongwith pending application(s).

JUDGE