P L D 2006 Karachi 3 (PLP)
ZIAUL KARIM and 34 others — Petitioners Versus PROVINCE OF SINDH through Secretary, Revenue Department, Karachi and 3 others — Respondents
| Citation | P L D 2006 Karachi 3 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | ZIAUL KARIM and 34 others — Petitioners Versus PROVINCE OF SINDH through Secretary, Revenue Department, Karachi and 3 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 2006 Karachi 3 (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 3 (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 3 (PLP) (ZIAUL KARIM and 34 others — Petitioners Versus PROVINCE OF SINDH through Secretary, Revenue Department, Karachi and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Zaki Muhammad for Petitioners.
- Manzoor Ahmad for Respondents.
Headnotes / Summary
Art. 199
Constitutional petition
Claim of petitioners was that they had acquired plot in question from a construction company and had also paid sale consideration, but subsequently they came to know that said construction company had no title to said plot and that it was Government land
Land in question admittedly was not owned by said construction company
Such activity by that company was carried on for many years right under the nose of official functionaries but they had not taken any notice thereof and let the company to cheat petitioners
Petitioners, on their part, while paying consideration to said company, had not entered into any inquiry as to title of said company in disputed property and it was one of many cases in which people like petitioners had been cheated and defrauded by Builders and construction companies and Government functionaries never took any action at the right time to save innocent citizen
High Court, however, being not in a position to grant any relief to petitioners through constitutional petition dismissed the petition with the observation that petitioners were at liberty to approach competent Court/Forum/Authority for redress of their grievance as permitted by law.
Judgment & Decree
This is a petition under Article 199 of the Constitution of the Islamic Republic of Pakistan with the following prayers: "It is therefore, prayed that this Honourable Court may be pleased to call for the record and proceedings of Suit No.594/2001 and hear this appeal and this impugned order dated 5-5-2005 be suspended or set aside and dismissed the application under Order XI, Rule 1 and read with section 151 C.P.C. with cost throughout and better relief which this Honourable Court may deem fit and expedient in the circumstances of this appeal." There are 35 petitioners in this petition. The case of the petitioners in brief is that they have acquired plots of land from Messrs Virsa Construction, a partnership firm and also paid the sale consideration. Subsequently, they came to know that Messrs Virsa Construction had no title to the property and it was a Government land. According to the petitioner number of proceedings pending in respect of the same. The respondents filed their comments wherein it is stated that the land was owned by the Government and at no point of time it was owned by Messrs Virsa Construction and as they were unable to transfer to the present petitioner. We have heard the learned counsel of the petitioner, the learned A.A.-G., Mr. Mazoor Ahmed and examined the record as well as considered the arguments submitted by both the sides. Admittedly the land in question was not owned by Messrs Virsa Construction which they have handed over to the present petitioners after taking substantial consideration. It appears that this activity by the Messrs Virsa Construction was carried on for many years right under the nose of the official functionaries and they have not taken any notice thereof and let the Messrs Virsa Construction to cheat the present petitioners. At the same time it also appears that the present Petitioners while paying the consideration to the Messrs Virsa Construction had not entered into any inquiry as to the title of Messrs Virsa Construction in the disputed property. It is being contended by the Respondent that in fact this land has already been allotted by the Government to the other parties. Para. 2 of the comments disclosed as to the legal status of the disputed land. It is one of the many cases in which people like the Petitioners have been cheated and defrauded by the Builders and construction companies but it is unfortunate that the Government functionaries never took any action at the right time to save the innocent citizen. However, we are not in a position to grant any relief to the present petitioner through this petition. Petition is dismissed and the petitioners are at liberty to approach the competent Court/forum/authority for the redress of their grievance as permitted by law. H.B.T./Z-29/K???????????????????????????????????????????????????????????????????????????????????? Petition dismissed.