2006 PLP 246 (CLC)
Haji MUNIRUDDIN KHAN through Legal Heirs — Petitioners Versus PROVINCE OF SINDH through Secretary, Local Bodies, Sindh and 8 others — Respondents
| Citation | 2006 PLP 246 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Haji MUNIRUDDIN KHAN through Legal Heirs — Petitioners Versus PROVINCE OF SINDH through Secretary, Local Bodies, Sindh and 8 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 PLP 246 (CLC)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 246 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 246 (CLC) (Haji MUNIRUDDIN KHAN through Legal Heirs — Petitioners Versus PROVINCE OF SINDH through Secretary, Local Bodies, Sindh and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ali Jan for Petitioners.
- Chaudhary Muhammad Rafique, Addl. 'A.-G. Sindh, Manzoor Ahmed and Arshad Mubeen Khan for Respondents.
Headnotes / Summary
Art. 199
Constitutional petition
Open place in question was reserved for amenity purpose, but subsequently layout plan was modified and said open place was carved out as a commercial and subsequently as an industrial plot
Petitioner earlier had filed a suit claiming that he had right to be allotted said plot which suit was dismissed and his appeal against judgment and decree was also dismissed
Petitioner, thereafter filed present constitutional petition praying that amenity plot could not be converted into one for residential/commercial purposes
Petitioner was perfectly reconciled with the conversion of plot in question, more than two decades before filing present constitutional petition and wanted the same to be allotted to himself
Only after failing to establish his claim before a competent Court he chose to file constitutional petition
Such petition having not been moved in public interest and bona fides of petitioner being questionable, constitutional petition was dismissed.
Judgment & Decree
Apparently some open space existed towards the north of the petitioner's plot, which was reserved for amenity purposes (setting up of a nursery). However, subsequently, the layout plan was modified (lawfully or otherwise) and the open space was carved out as a commercial and subsequently an industrial plot. In 1975, the petitioner 'filed a suit claiming that he had a right to be allotted the aforesaid plot. The, suit was apparently dismissed in 1995 and an appeal against the decree was also dismissed. Thereafter this petition was filed in 1997, praying that an amenity plot could not be converted into one for residential/commercial purposes and the respondents Nos.4 to 9 (allottees) be restrained from raising construction. While we entertain such petitions by way of public interest litigation, it appears that the petitioner was perfectly reconciled to the conversion of the plot more than two decades- before filing this petition and wanted it to be allotted to himself only after failing to establish his claim before a competent Court he chose to file this petition. As such we are of the opinion that this petition has not been moved in public interest and the petitioner's bona fides are questionable. The petition is, therefore dismissed. H.B.T./M-8/K Petition dismissed.