P L D 2006 Karachi 14 (PLP)
AL-REHMAN FALAHI SOCIETY through General Secretary — Appellant Versus GOVERNMENT OF SINDH through Secretary, House and Town Planning, Karachi and another — Respondents
| Citation | P L D 2006 Karachi 14 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | AL-REHMAN FALAHI SOCIETY through General Secretary — Appellant Versus GOVERNMENT OF SINDH through Secretary, House and Town Planning, Karachi and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 2006 Karachi 14 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2006 Karachi 14 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2006 Karachi 14 (PLP) (AL-REHMAN FALAHI SOCIETY through General Secretary — Appellant Versus GOVERNMENT OF SINDH through Secretary, House and Town Planning, Karachi and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hanif Kashmiri, Advocate
- Manzoor Ahmed, Advocate
Headnotes / Summary
Art. 199
Civil Procedure Code (V of 1908), Ss.115 & 151
Constitutional petition
Direction was issued by allowing Constitutional petition that respondent would deliver possession of plot in question to the petitioner/Society within 30 days
Revision against such order of High Court was pending adjudication
Pending revision against order of High Court, intervenor had filed application. under S.151, C.P.C. with a prayer that petitioner, after passing order by High Court, having raised illegal construction on amenity plot in question, direction for its demolition be issued
Revision being pending adjudication against order of High Court, ground urged by intervenor in his application with regard to construction over plot in question, could be considered in said revision petition
No substance being available to consider further ground raised by intervenor, application was dismissed.
Judgment & Decree
1. This application has been filed by the intervenor with a prayer that further grounds may be taken into consideration as the C.P. was disposed of vide order dated 11-4-2004. At present the Revision Application No.156/2004 is subjudiced in this Court and the property in question is involved in both the matters. Admittedly this petition was allowed on 11-4-2004 with direction that the respondent No.2 shall deliver the possession of the plot to petitioner's society within 30 days. Thereafter C.M.A. 1495/2004 along with C.M.A. 1543/2004 were filed. Both the above mentioned C.M.As were disposed of vide order dated 20-5-2004. The intervenor has prayed that in the light of inspection report where the allegations of illegal construction has been pointed, therefore, the order in Revision Application No. 156/2004 dated 2-5-2005 and inspection report submitted by Nazir of this Court and statement of respondent No.2 may be taken into consideration. We have heard learned counsel for the respective parties as well as the intervenor who is present in person and perused the record and counter-affidavit and rejoinder. We have read the judgment dated 11-4-2004 and considered the controversy raised by the learned counsel for the parties at length. It is obvious that there are directions by this Court to hand over the plot in question to the petitioner's society within 30 days time, since the Revision Application No. 156/2004 is pending adjudication and some orders have been passed to the extent that in case if any construction is raised for the purpose of Masjid the same shall not be demolished. The ground urged by the intervenor in this application can be considered in the above mentioned Revision Application. At present there is no substance to consider the further ground raised by the intervenor thus same is dismissed.
2. This application under section 151, C.P.C. has been riled by the intervenor-with a prayer that the petitioner after passing order by this Court has raised illegal construction on the amenity plot ST-3, 4, and 5, Sector No.48 F, Korangi Township, Karachi. It is further prayed that direction may be issued for demolition of the illegal construction made by the petitioner on the amenity plot. As per submission of the applicant/intervenor this Court has already disposed of the Petition No. 1567/1998 on 11-4-2004 with the direction that possession of the plot be handed over to petitioner's society within 30 days time. If any construction is being raised legally or illegally on the said plot for which Revision Application No.156/2004 is pending in this Court for adjudication. We are of the view that all the grounds taken by the intervenor/applicant may be considered in the above mentioned revision application, if so advised. In view of the foregoing reason, there is no substance is this application. Hence the same is also dismissed. H.B.T./A-261/K????????????????????????????????????????????????????????????????????? Application dismissed.