2002 PLP 1707 (MLD)
NOOR MUHAMMAD ‑‑‑Petitioner Versus KARACHI METROPOLITAN CORPORATION‑‑‑Respondent
| Citation | 2002 PLP 1707 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Hamid Ali Mirza and Shabbir Ahmed, JJ |
| Parties | NOOR MUHAMMAD ‑‑‑Petitioner Versus KARACHI METROPOLITAN CORPORATION‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 1707 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1707 (MLD)?
The case was heard and decided by the Karachi bench comprising: Hamid Ali Mirza and Shabbir Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1707 (MLD) (NOOR MUHAMMAD ‑‑‑Petitioner Versus KARACHI METROPOLITAN CORPORATION‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qutabuzzaman for Petitioner.
Headnotes / Summary
Constitution of Pakistan (1973)‑‑‑ ‑‑‑Art. 199‑‑‑Allotment of shops‑‑‑Petitioners in their Constitutional petition had stated that they being in possession of respective shops and stalls for the last many years had been selling vegetables and had prayed that Metropolitan Corporation be directed to issue allotment order in their names in respect of shops and stalls‑‑‑No document had been produced by petitioners to show that they were in lawful and authorized occupation of shops and stalls in question‑‑‑Petitioners thus had no legal or vested right for allotment of the same‑‑‑Constitutional petition was dismissed by the High Court with observation that petitioners could approach the Authority which would consider request of petitioners sympathetically. Manzoor Ahmed for KMC.
Judgment & Decree
HAMID ALI MIRZA, J.‑‑‑The above petitions have been filed separately stating therein that the petitioners are in possession of respective shops in Sabzi Mandi for the last many years and have been selling vegetables, consequently 'have prayed that the respondents be directed to issue allotment order and challan in the name of respective petitioners. We have heard the learned counsel for the parties and gone through the Annexures filed by the parties. No document has been produced to show that the petitioners are in lawful and authorized occupation of the shops and stalls. Learned counsel for the respondent KMC states that those persons, who were listed in the list submitted by the Association of said Sabzi Mandi have been given licence in respect of stalls and shops available in Sabzi Mandi, Sector 2‑B, Karachi, while the petitioner being not listed in the said list of Association could not be accommodated in the shops and stalls. We find that the petitioners have no legal or vested right for allotment of shops and stalls in Sabzi Mandi, Sector 2‑B, Karachi. In the circumstances, the petitions are dismissed in limine alongwith the listed applications. The petitioners may approach the Government of Sindh if they desire and Government of Sindh will consider the request of the petitioners sympathetically and if shops and stalls are available, the same may be provided to them for doing their business in accordance with their policy for allotment of shops/stalls. H.B.T./N‑97/K Petition dismissed.