Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Constitutional Petition No. D-7120 of 2019

 

Date

                        Order with Signature of Judge

 

 

 

For order as to maintainability of petition :

 

18.02.2020 :

 

 

Petitioner present in person

 

Mr. Hakim Ali Shaikh, Additional A.G. along with Mr. Saeed Ahmed Shaikh Additional Secretary Services, General Administration and Coordination Department, Government of Sindh, and Owais Nazir Mughal, Section Officer (Estate), Services, General Administration and Coordination Department, Government of Sindh.

 

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Despite specific direction on the last date of hearing, respondent No.1 has not appeared before this Court. It is reported that he is posted somewhere in KPK, but his family is still in possession of the subject flat. Saeed Ahmed Shaikh, Additional Secretary, Services, General Administration and Coordination Department, is present. He confirms the above position and also that the subject flat was allotted to present petitioner on 14.05.2018. Record shows that letter dated 01.12.2016 (page 21) was issued by the respondent-department to respondent No.1 informing him that his allotment in respect of the subject flat has been cancelled in view of his transfer / posting and he was required to vacate the same ; thereafter, ‘Vacation Notice’ dated 01.02.2017 (page 23) and ‘Final Vacation Notice’ dated 04.07.2018 (page 25) were issued to him ; and vide letter dated 02.05.2019 (page 29), the Deputy Commissioner concerned was requested by the respondent-department to take necessary steps for taking over possession of the subject flat from respondent No.1 who was referred to in the aforesaid letter as an “unauthorized occupant”. Despite all the above, the subject flat has still not been vacated by respondent No.1 nor has the department been able to retrieve possession thereof.

 

The above named Additional Secretary has tried to justify before us that all possible efforts have been made by his department for retrieving possession of the subject flat, however, we do not agree with him as the department has admittedly failed in getting the subject flat vacated despite passage of more than three years which is sufficient to show the failure on their part. Not only this, the department has also failed in recovering the house rent from respondent No.1 after October 2018 despite his unauthorized occupation. It is stated that house rent has been paid by respondent No.1 up till October 2018, but with effect from November 2018 an amount of Rs.187,995.00 (Rupees one hundred eighty seven thousand nine hundred and ninety five only) is payable by him on account of house rent at the rate of Rs.12,533.00 (Rupees twelve thousand five hundred thirty three only) per month. We are constrained to observe that the respondent-department / Government of Sindh has miserably failed in protecting the subject Government property, in recovering the rent in respect thereof and also in handing over the same to the legitimate allottee / petitioner.

 

In the above circumstances, the above named Additional Secretary is directed to ensure that vacant possession of the subject flat is taken over from respondent No.1 and/or from any person(s) in possession on his behalf, and is handed over to the present petitioner without fail within seven (07) days from today.

 

 It is a matter of record that the petitioner has been deprived from enjoying possession of the subject flat with effect from 14.05.2018 when the same was allotted to him and he was forced to initiate this uncalled for and unnecessary litigation seeking possession thereof in spite of a valid and subsisting allotment in his favour. This clearly shows that the petitioner has suffered due to the failure on the part of the official respondents to hand over the subject flat to him. Therefore, the Services, General Administration and Coordination Department, Government of Sindh, is directed to pay a sum of Rs.100,000.00 (Rupees one hundred thousand only) to the petitioner on or before the next date of hearing as compensation.

 

As respondent No.1 has failed to pay rent of the subject flat with effect from November 2018 which comes to Rs.187,995.00 (Rupees one hundred eighty seven thousand nine hundred and ninety five only), his salary is attached to the above extent. Respondent No.3 / Inspector General of Frontier Constabulary Peshawar and Accountant General KPK are directed to ensure that the said amount of Rs.187,995.00 is transferred from the salary of respondent No.1 to the account of the Services, General Administration and Coordination Department, Government of Sindh, without fail within fifteen (15) days from today. They are further directed to submit a compliance report in the above terms to this Court through MIT-II. Issue notice to Respondent No.3 / Inspector General of Frontier Constabulary Peshawar and the Accountant General KPK for compliance.

 

 

The above named Additional Secretary, Services, General Administration and Coordination Department, is directed to submit a complete list before this Court on the next date of hearing of all such quarters, flats, bungalows and Government accommodation that are in unauthorized occupation or possession of such persons who are not entitled to enjoy possession thereof.

 

 

Adjourned to 26.02.2020 at 11:00 am when above named Additional Secretary shall be in attendance. Let notice be issued to Chief Secretary Sindh to ensure compliance of this order in letter and spirit.

 

 

                                                                                                              JUDGE

 

 

 

 

 

 

 

JUDGE