ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D- 831 of 2012

DATE             ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection

2. For Katcha Peshi

18.03.2015.

Mr. Ali Ahmed alias Zaman Khan Patoli advocate for petitioner.

Mr. Irfan Ahmed Qureshi advocate for respondent No.1.

Mr. Anwar H. Ansari, State Counsel.

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            The case of the petitioner is that initially he was allotted a plot measuring 1030 Sq. Ft. out of Survey No.442 Deh Gujjo Taluka City, Hyderabad as per site inspection report attached as annexure-D but due to some dispute the possession of the said plot was not handed over to the petitioner. However, the petitioner was allotted plot No.551 measuring 900 Sq. Fts. and commercial Plot No. 383 measuring 300 Sq. Ft. situated at New Fruit & Vegetable Market Project Phase-II, Hyderabad in exchange. The order of exchange of plot dated 25.06.2010 is available in the court file at Page-31 (Annexure-G). The petitioner accepted this plot but his grievance is that the possession has not been handed over to him.

            In the order of exchange, it is clearly mentioned that the development charges shall be paid by the petitioner which learned counsel for the petitioner agrees to pay and he further submits that the petitioner is bound to fulfill all the conditions mentioned in the order dated 25.06.2010 for exchange of plot.

Today, learned counsel for respondent No.1 has filed the comments and to a specific question raised by the court as to what has been stated in response to Para-11 of the petition in which the petitioner has mentioned factum of exchange of plot, learned counsel argued that the order of exchange of plot is undisputed but it is subject to payment of development of charges. He further submits that the order of exchange of plot is still intact and has not been cancelled by the competent authority which fact is also mentioned in the reply in which the assertion of the petitioner was partly admitted.

As a result of above discussion, the petition is disposed of with the directions to the respondent No.1 to implement the order dated 25.06.2010 of exchange of plot and hand over the possession of the plot to the petitioner. So far as the development charges are concerned, the same shall be paid by the petitioner in accordance with the terms and conditions for the allotment of plot and the conditions mentioned in the order of exchange of plot.    

       JUDGE

                                                            JUDGE

Ali Haider/P.A