ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-5983 of 2018

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Dated: Order with signature of Judge(s)

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1. For order on Misc. No.25919/2018

2. For order on Misc. No.25920/2018

3. For order on Misc. No.25921/2018

4. For hearing of main case.

16.08.2018

M/s. Abdul Qadir Khan and Hasan Khurshid Hashmi advocates for petitioner alongwith Attorney of petitioner.

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1. Urgency granted.

2) Exemption granted subject to all just exceptions.

3&4) Per learned counsel for the petitioner, the petitioner is owner of plot bearing No.C-23, Block “B” Valley Road, K.D.A. Officers Cooperative Housing Society admeasuring 625 square yards. Per learned counsel petitioner has also offered by the society extra land of 346 square yards, which has already been acquired by the petitioner after payment of requisite fee, which is still in possession of the petitioner. Copy of Acknowledgement of Possession dated 10^th March, 2015 is available as annexure “P/15” at page-73 with MoP. Learned counsel for the petitioner further submits that certain miscreants / encroachers from the adjacent katchi abadi created law and order situation and illegal using makeshift stairs, which is part of the petitioner’s land. Learned counsel for the petitioner further submits that the owners of Plots No.C-13, C-19, C-20, C-25 and C-26 have already either removed makeshift stairs or took the same in their own plots. Learned counsel further submits that respondent No.3 has issued a notice dated 10.08.2018 to the petitioner available as annexure “P/26” at page-135 with MoP and causing harassment to the petitioner. Per learned counsel the respondent No.3 has no jurisdiction as the subject plot comes within the domain of the KDA / respondent No.2.

Issue notice to the respondents and Advocate General Sindh for 31.08.2018. In the meantime parties are directed to maintain status quo. Respondent No.3 is directed not to cause any harassment to the petitioner in respect of the impugned notice, referred to above and the respondents No.5 and 6 are directed to provide requisite protection to the petitioner as and when she approaches to them, till next date of hearing.

JUDGE

JUDGE