ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 2267 of 2016
|
Date of hearing |
Order with signature
of Judge |
Hearing
of cases (Priority)
1.
For hearing of CMA No.6149/2016
2.
For hearing of main case
12.02.2019
Mr.
Muhammad Arif Malik holds brief for Mr. Imdad Ali Malik advocate for petitioner.
M/s
Ghulam Abbas Akhtar and Mian Imtiaz Ali Qureshi advocates
for Pakistan Railway.
Mr.
Irfan Ali Memon, Deputy Attorney General.
………………
Statement along with documents filed
by respondents’ counsel is taken on record.
The petitioner has filed this petition to
restrain the respondents to act accordingly in respect of the property in
question. The petitioner has a claim over the land on the basis of an agreement
of license executed by Pakistan Railway for stacking purpose. The license was
issued by way of a public auction for which a public notice was issued on
19.12.2014. The license agreement was executed on 27.04.2015 for three years
and the possession was handed over on 01.04.2015. The license period has
already been exhausted. The petitioner had no right even during subsistence of
this license agreement to approach this forum and now since the license has
already expired, the petitioner has no locus standi to file this petition. The land
is available for public auction as deem fit and proper by Pakistan Railway for
stacking purpose. It is claimed that the license fee with effect from
31.03.2018 has not been paid in terms of the agreed license fee mentioned in
the agreement. The yearly license fee was agreed at Rs.82,500/- per year. The
respondent as such is entitled for the recovery of the amount of remaining 11
months approximately. The possession of the land be resumed forthwith and be
made available in case it is so desired for public auction for stacking
purpose. The petitioner is under the obligation to pay the requisite amount of
11 months for which he remained in possession without a license. In case he is
interested to participate in the auction, he will only be allowed to
participate in case he deposits this amount on his own failing whereof Pakistan
Railway may recover it as may deem fit and proper.
The petition and the listed application stand disposed
of in the above terms.
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J U D G E
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J U D G E
N.M.