2006 PLP 3203 (YLR)

The petitioners claiming to be a registered educational society have preferred this constitutional petition to claim entitlement in their favour in respect of amenity Plot No. ST-11, Sector 31-C-2, Orangi, Township, Karachi (hereinafter' referred to as disputed plot).

2. Briefly stated, case of the petitioner is that they have been pursing their claim for allotment of disputed plot since the year 1991 and have also deposited Rs.10,000 on 7-9-1991 for completion of required formalities, thus, they are entitled for the allotment of disputed plot. Further case of the petitioners is that action of respondents Nos.2 and 3, thereby inserting disputed plot in the list of plots to be auctioned on 20-4-2004 is mala fide, therefore, requires interference of this Court.

3. Reply to this petition has been submitted on behalf of City District Government, wherein the claim of the petitioners has been denied. Further, it has been stated that earlier this plot was auctioned after due advertisement in leading newspapers: However, during such auction proceedings, market price of the plot was not offered by the bidders therefore, the disputed plot is still available with the City District Government which will be disposed of strictly in accordance with the provisions of Sindh Disposal of Urban Land Ordinance, 2002 by way of open public auction.

4. We have heard the learned counsel for the petitioners at some length, his only contention is that before the disputed plot is again put to auction the claim of the petitioners for grant/allotment of disputed plot to them shall be decided by the concerned authority. Learned counsel was, however, unable to show any vested or preferential right in favour of the petitioners entitling them for allotment of disputed plot in violation of relevant rules and regulations of Sindh Disposal of Urban Land Ordinance, 2002, which provide disposal of amenity plots reserved for health and education only through open public auction.

5. In view of the categorical statement made on behalf of City District Government vis-a-vis finding no vested or preferential right in favour of petitioners for grant of disputed plot to them in violation of existing policy of open public auction of amenity plots. We are of the considered view that the petitioners are not entitled for any relief in the matter.

6. In view of the above, this petition is dismissed in limine along with listed application. Needless to observe that' the petitioners, if so advised, may participate in the auction of disputed plot whenever such exercise is again undertaken by the respondents. H.B.T./A-115/K Petition dismissed.