ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Const. Petition No.S-508 of 2007

Date                                        Order with signature of Judge

1. For orders on office objection.

2. For Katcha Peshi.

05.12.2007.

Mr. Ali Gohar Soomro, for the petitioner.

Haji Abdul Majeed, for the State alongwith Dilawar Khattak, Sub-Inspector Shah Latif Town, Karachi.

…..

This Const. Petition has been filed on behalf of Rafiq Ahmed Khan Kandhari, who claims to be the attorney of one Mst. Nishat, who is owner of ten (10) acres of land situated at Deh /Tappo Landi, out of Naclass No.81, which was allowed to one Mst. Shah Nawaz Sultana for thirty (30) years period for the purpose of poultry farming. It is very unfortunate to observe that this land was allowed in the year 1984 for the purpose of establishing poultry farm and to date no poultry farm has been established on that land. I wonder that why the Government has not cancelled this land uptil now. Learned counsel for the petitioner has drawn my attention towards one document called Ijazatnama. Even in this Ijazatnama, condition No.5 stipulates that the Lessee shall utilize the land to establish a poultry farm under intimation to the Deputy Commissioner/Revenue Officer, Karachi (East), within five (5) years of the grant, failing which the land with structure, if any, thereon shall be liable to resumption without any compensation for the construction or development of the land carried out by the Lessee.

I have seen the photographs of the land produced by the learned counsel for the petitioner. There is only katchra kundi/garbage shown on the land and no construction of poultry farm has been done uptil now.

The Sub-Inspector Dilawar Khattak of PS Shah Latif Town, Karachi, has submitted his report and says that in respect of this land a case bearing FIR No.405/2007, under Sections 447,427,506-B, PPC has been registered at Shah Latif Town Police Station against 40/50 persons. The report is taken on record. The Sub-Inspector is discharged to attend the Court unless called for.

The Mukhtiarkar, Karachi (East), is directed to submit his report that why this land has not been cancelled uptil now. Report to reach this Court on or before the next date of hearing.

Adjourned to 18.12.2002.

Judge