ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2680 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.12871/2023 (Urgent).

2. For order on CMA No.12872/2023 (Exemption).

3. For order on CMA No.12873/2023 (Stay).

4. For hearing of main case.

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Dated; 31^st May 2023

Mr. Abdul Nadeem A. Qureshi, Advocate for Petitioners.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Through instant Constitutional Petition, the petitioners have impugned the judgment dated 03.05.2023 passed by the Secretary / Revisional Authority, Ministry of Religious Affairs and Interfaith Harmony, Islamabad in Revision Petition No.3-21/2023-Rev and the order dated 28.10.2000 passed by the Chairman, Evacuee Trust Property Board, Government of Pakistan, Camp at Karachi, whereby, according to learned counsel for the petitioners, without impleading the petitioners as parties, who have acquired right, title and possession over the subject shop on the ground floor and first floor of the Property No.MR-4/25 situated at Market Quarters near Memon Masjid, Karachi through agreement and conveyance deed from their previous owners in whose favour PTO and PTD were also issued by the Settlement Department / respondent No.4. It has been contended by the learned counsel for petitioners that in the impugned order and the judgment, which have been passed exparte without impleading the petitioners as party, wherein, it has been wrongly observed that PTD was issued in favour of Abdul Salam / respondent No.6, however, subsequent PTD in favour of Syed Usman Haider / respondent No.7 has not been taken into consideration and consequently subsequent transfers have been declared to be illegal. It has been prayed by the learned counsel for the petitioners that if opportunity of being heard may be provided to the petitioners, who could place their cases and the relevant documents, therefore, requests that the impugned judgment and the order, as referred to hereinabove, may be set aside and the matter may be remanded back for decision afresh after hearing the petitioners.

Let pre-admission notices be issued to the respondents as well as to the Advocate-General Sindh and D.A.G., to be served through first three modes, for 08.06.2023, when, reply/comments, if any, shall be filed with advance copy to the learned counsel for the petitioners.

J U D G E

*Farhan/PS*