ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1447 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.7155/2023 (Urgent).

2. For order on CMA No.7156/2023 (Exemption).

3. For order on CMA No.7157/2023 (Stay).

4. For hearing of main case.

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Dated; 17^th March 2023

Mr. Muhammad Ali Lakhani, Advocate for Petitioners.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Learned counsel for the petitioners submits that the petitioners have acquired the right and title in respect of Plot No.6 admeasuring 04-00 acres situated at Phase-II of K-28, Trans-Lyari located on Hawks Bay Road, Karachi through (Late) Muhammad Iqbal, husband of petitioner No.1 and father of petitioners No.2 to 7, pursuant to Regularization Order dated 24.03.2022 passed by the Secretary to Government of Sindh, Land Utilization Department, after completion of all codal formalities and payment of the requisite challans/charges though paid annexed with the instant petition at pages 55 to 57 as Annexures P/7 & P/8 respectively and since then petitioners are in lawful possession of the subject land. However, according to learned counsel, a Suit No.95/2004 was filed by one Usman Husein Punjwani against Muhammad Iqbal for specific performance through a Sale Agreement dated 11.10.1995, however, such claim was denied for having been filed on the basis of forged and fake agreement. According to learned counsel for the petitioners, in such suit the possession of subject land, which was forcibly taken over by the respondent No.5, was restored to the petitioners after inspection and verification by the Nazir of the Court, whereafter, petitioners have also filed a Suit No.230/2023 against respondent No.5, seeking declaration that the documents produced by respondent No.5 to inspect the subject land are forged and fabricated documents, wherein, keeping in view the title and possession of the petitioners on subject land, status quo order has been passed, which is still operating. However, according to learned counsel for the petitioners, inspite of pendency of the aforesaid suits and the status quo order operating, the respondent No.2, in view of an application dated 13.01.2023 filed by one Qurban Ali claiming to be the attorney of respondent No.5 to the Secretary, Land Utilization Department, Government of Sindh, Karachi seeking correction in the record of File No.01-115-02/SO-II/144, dated 15.03.2017 to the effect that in the purported regularization letter of the land in favour of respondent No.5 number of plot has been wrongly mentioned as Plot No.6 (Block-A) admeasuring 06-00 acres situated in Phase-II of K-28, Trans-Lyari located on Hawks Bay Road, Karachi, which may be corrected as Plot No.6 by excluding (Block-A), whereas, the Secretary, Land Utilization Department without resorting to the provisions of section 44 of the Sindh Land Utilization Act, without conducting an inquiry or issuing notices to the concerned parties, has passed an order on 06.02.2023 while making such correction, and consequently, in the garb of such order the right and title of the respondent No.5 has been acknowledged, inspite of pendency of the above suits and the restraining order operating to the effect that parties were directed to maintain status quo in respect of subject land/plot. According to learned counsel, petitioners have no other alternate efficacious remedy, but to approach this Court against the aforesaid illegal order, as it will adversely affect the right and title as well as lawful proceedings pending before the competent Court of civil jurisdiction relating to the subject land / plot.

Let pre-admission notices be issued to the respondents as well as to the Advocate-General Sindh, to be served through first three modes, for 07.04.2023, when reply/comments, if any, shall be filed with advance copy to the learned counsel for the petitioners. However, till next date of hearing, the operation of the impugned order dated 06.02.2023 shall remain suspended.

J U D G E

*Farhan/PS*