ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1625 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.8828/2023 (Urgent).

2. For order on office objection No.1 & 14.

3. For order on CMA No.8227/2023 (Exemption).

4. For order on CMA No.8228/2023 (Stay).

5. For hearing of main case.

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Dated; 13^th April 2023

Mr. Raham Ali Rind, Advocate for Petitioner.

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1. Urgency granted.

2. Learned counsel for the petitioners undertakes to comply with office objections before the next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Through instant Constitutional Petition, the petitioner has alleged that private respondents in connivance with official respondents are creating hurdles in the construction being raised by the petitioner on a Plot No.C-11 admeasuring 600 square yards in the project known as Al Muslim Cooperative Housing Society Limited situated at Sector 34-A, Scheme No.33, Karachi, which, according to learned counsel for the petitioner, has been acquired by the petitioner pursuant to the sale agreement with the previous owners, who has not executed the sale deed and asking for more amount, whereas, the petitioner has made entire payment towards sale consideration. However, from perusal of the record, it appears that except sale agreement dated 25.02.2021 executed between the petitioner and one Abdullah Najeeb-ul-Haq s/o Najeeb-ul-Haq Siddiqui, nothing has been placed on record to substantiate that the petitioner has acquired the right and title of the subject land from the previous owners, namely, Shagufta Jabeen in whose favour Indenture of Lease in respect of the subject land has been annexed as Annexure-D at page 35 of instant petition. It appears that the petitioner is seeking protection in respect of possession and construction being raised on a plot upon which prima facie the title of the petitioner is not yet established, whereas, the grievance is being expressed by the petitioner regarding alleged harassment of the private respondents, whereas, while exercising Constitutional jurisdiction such relief cannot be granted in the instant petition under Article 199 of the Constitution. Accordingly, instant petition, being misconceived and not maintainable, is hereby dismissed in limine. However, the petitioner will be at liberty to approach the relevant forum/Court of jurisdiction to seek protection, as may be available to the petitioner, in respect of the subject land in accordance with law.

J U D G E

*Farhan/PS*