CLC 2010

2010 CLC 1492 (PLP)

Mst. SHAHANA BEGUM — Petitioner Versus PROVINCE OF SINDH through Senior Member, Board of Revenue and 5

Jurisdiction / Court
Karachi
Decided Date
2009-October-2
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2010 CLC 1492 (PLP)
Forum / Court Karachi
Bench Members N/A
Parties Mst. SHAHANA BEGUM — Petitioner Versus PROVINCE OF SINDH through Senior Member, Board of Revenue and 5
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2010 CLC 1492 (PLP)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2010 CLC 1492 (PLP)?

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: 2010 CLC 1492 (PLP) (Mst. SHAHANA BEGUM — Petitioner Versus PROVINCE OF SINDH through Senior Member, Board of Revenue and 5). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Nazar Muhammad Jamali for Petitioner.

Headnotes / Summary

Art. 199

Constitutional petition

Lease of agricultural land

Renewal of lease

Grievance of the petitioner was that she was in possession of Wahi Chahi agricultural land as lessee which lease was renewed for further 30 years, but authorities were interfering in her possession without due course of law

State Counsel had stated that title of the petitioner was forged and fabricated

Since there was a controversy as to whether the petitioner was holding valid title documents or otherwise, the dispute could not be resolved in the wake of controversy

Constitutional petition was disposed of with the direction that in case the petitioner was not holding any valid title, then authorities would take action strictly in accordance with law.

Judgment & Decree

The grievance of the petitioner is that she is in possession of wahi chahi land in respect of agriculture land of 16 Acres from NC 42, Deh Metan, Gadap Town, Karachi West, which lease was renewed for further 30 years as per Annexure "C" to the petition in 1993. It is stated that the respondents are interfering in the possession of the petitioner without due course of law. Learned A.A.-G. states that the petitioner's title is forged and fabricated and so also stated in the parawise comments filed on behalf of respondent No.1 signed by Section Officer-V, Land Utilization Department. Since there is a controversy as to whether the petitioner is holding valid title documents or otherwise the dispute cannot be resolved in the wake of controversy, we would dispose of this petition with the direction that in case the petitioner is not holding any valid title then the respondent will take action strictly in accordance with law. Learned A.A.-G. further submits that the comments in the matter have been filed, therefore, the order passed for payment of cost may be recalled. Such order is recalled with caution that if such practice remains, the concession will not be given in future. The petition is disposed of along with listed applications in the above terms. H.B.T./S-50/K Order accordingly.