ORDER WITH THE SIGNATURE OF THE JUDGE

1. For katcha peshi.

2. For hearing of CMA No. 842/2011

15.08.2012

Mr. Rab Nawaz Qureshi, advocate for the petitioner.

Mr. S. Sultan Ahmed, advocate for CDGK

Through the instant petition, the petitioner has sought the following reliefs:-

a. To direct the respondent to issue Allotment Order as well as Lease Deed in respect of Plot bearing No. L-16, Block B, Scheme No. 2, Wahid Colony, measuring 70.00 sq. yards Karachi in favour of the petitioner, and the petitioner is ready to pay the remaining 50% amount to the respondents in respect of usual cost.

b. That the respondent, their agents, employees, sub-ordinates, administrators, executors or any person or persons, agencies or authorities, acting for and on their behalf be restrained issuing threats and of destroying the record and issuance of allotment/lease to any other third person in respect of pot No. L-16, Block B, Scheme No. 2, Wahid Colony, measuring 70.00 sq. yards Karachi till final decision of the above titled petition.

Learned counsel for the petitioner has not been able to justify making of the above requests. Neither has he been in a position to explain as to on what basis the petitioner is claiming the subject plot. There is no order of allotment and/or grant. Learned counsel has also not been able to explain as to whether he is claiming the subject plot under any notification or scheme.

Learned counsel for the respondent submits that the area where the subject plot is situated falls within the area prescribed as Katchi Abadi.

We would therefore, dispose of this petition by setting the petitioner at liberty to approach the Katchi Abadies Authority for allotment/regularization of the subject plot. Such request shall be decided by the competent officer of the Authority within a month from filing thereof after hearing the petition strictly on merits through a speaking order and in accordance with law.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Nadeem Akhtar/15.8.2012\zahid