ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

C.P. No.D-2426 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.11762/2023 (Urgent).

2. For order office objection No.27.

3. For order on CMA No.11763/2023 (Exemption).

4. For order on CMA No.11764/2023 (Stay).

5. For hearing of main case.

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Dated; 23^rd May 2023

Mr. Tahir Hussain Qureshi, Advocate for Petitioner.

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1. Urgency granted.

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

3. Exemption granted subject to all just exceptions.

4&5. After arguing the matter at some length and while confronted as to maintainability of instant petition, as prima facie it appears that the petitioner is neither an aggrieved party, nor has any locus standi to file instant petition, whereas, an FIR has already been registered against the impugned construction by the Heritage Department. Learned counsel for the petitioner could not submit any reasonable explanation. Moreover, perusal of the contents of several paras of memo of petition and the prayer clauses reflects that even the number and description of property and the impugned construction thereon is different. Accordingly, instant petition appears to be misconceived and not maintainable, which is hereby dismissed in limine.

However, the official respondents shall look into the matter and to pursue their remedy before the relevant forum/Court to secure the Government Land, which according to petitioner, is a heritage property, in accordance with law.

J U D G E

*Farhan/PS*