1998 PLP 1165 (CLC)

This Constitutional Petition has been filed by one Rughumal a tenant in respect of a property measuring 997 sq. ft. out of City Survey No.2224‑25 situated in Rohri district Sukkur. This property belongs to the respondents. The petitioner had entered into possession as tenant and had sought permission for carrying out minor repairs of the said property by erecting a compound wall surrounding it to save encroachment. Such permission was allowed to the petitioner by a letter, dated 14‑6‑1997 addressed to the petitioner by the respondent No.3. The letter contained the terms and conditions under which he was permitted to carry out the said minor repairs. It is necessary to reproduce the contents of the letter for the decision of this Constitutional Petition:‑‑‑ GOVERNMENT OF PAKISTAN OFFICE OF THE ASSTT; ADMINISTRATOR Phone: 26400 EVACUEE TRUST PROPERTY Grams: ETPO (SUKKUR DIVISION) Near Mukhtiarkar Office Minara Road, Sukkur. Dated: 14‑6‑1997. To, Mr. Rughumal N.Doda, Tenant E.T.P. No.B‑2224‑25, (Portion), Situated in vicinity, Maternity‑Home, (North), Massan Road, Rohri. SUBJECT: PERMISSION FOR MINOR REPAIR OF EVACUEE TRUST PROPERTY BEARING CITY SURVEY N0.2224‑25 (PORTION) LYING DEMOLISHED/DILAPIDATED CONDITION SITUATED IN VICINITY MATERNITY HOME, MASSAN ROAD, ROHRI BY ERECTING ENCIRCLED PROTECTION COMPOUND‑WALL IN ITS SURROUNDINGS TO SAVE ANY ENCROACHMENT. Reference your application, dated 10‑6‑1997, on the above subject. You are hereby allowed to carry out the minor repair of the Evacuee Trust Property bearing City Survey No.B‑2224‑25, (portion/Open space), situated at Rohri, demolished by drastic rains/flood attacks having in our physical possession, Massan Road, Rohri, to erect encircled compound‑wall in it's surroundings just to save any encroachment over it, on the following terms and conditions:‑‑‑ (1) That all the expenditure so incurred on minor repair shall be borne by you. (2) That you shall not make any addition/alteration in the portion except allowed as above. (3) That you shall not claim the expenditure of repair from the department in any manner. (4) That you shall clear all the dues of rent if any outstanding against you. (5) That the permission is valid for the six months. Sd/ (Rafique Ahmed) Assistant Administrator, Evacuee trust Property, Board, Sukkur. " Later on, it appears that the permission for carrying out the repairs to the dilapidated property was cancelled by the respondent No.3 by another letter, dated 15‑7‑1997. The said letter is also reproduced as under:‑‑‑ GOVERNMENT OF PAKISTAN OFFICE OF THE ASSTT; ADMINISTRATOR, Phone: 26400 EVACUEE TRUST PROPERTY Grams: ETPO (SUKKUR DIVISION) Near Mukhtiarkar Office Minara Road, Sukkur. Dated: 15‑7‑1997. To, Mr. Rughomal S/o N.Doda, Resident of Rohri. SUBJECT; PERMISSION FOR MINOR OF B‑2224‑25(P) SITUATED AT ROHRI. Reference: This office Letter No.ETP/Suk/508, dated 14‑6‑1997. The permission for minor repair, issued by this office under reference is hereby cancelled. (Sd.) (Rafique Ahmed) Assistant Administrator." On receiving the Letter, dated 15‑7‑1997 the petitioner has filed this Constitutional Petition seeking the following reliefs:‑‑‑ "(a) to declare that the Letter bearing No.ETP/SUK/646, dated 15‑7‑1997 whereby respondent No. 3 has cancelled the permission for carrying out, repairing of the Evacuee Trust Property in possession of the Petitioner, vide Letter No.ETP/SUK/508, dated 14‑6‑1997 is illegal, unlawful, ab initio void, against the principles of Natural Justice and of no legal effect in the eye of law. (b) To uphold/maintain Letter No.ETP/SUK/508, dated 14‑6‑1997, where under permission is granted to the petitioner by the respondent No.3. (c) To grant any other relief which this Honourable Court deems fit and proper. " The petitioner has challenged the letter cancelling the permission of minor repairs on the ground that since he was paying monthly rents and the property was in dilapidated condition, with its boundary wall having fallen down, and he had already sought permission from Municipal Committee Rohri for carrying out the repairs and had paid a fee of Rs.100, the cancelling of permission without issuing any show‑cause notice was illegal and unlawful. Notice was ordered to respondents and Deputy Attorney‑General and comments were called from the respondents. In their comments the respondents took the stand that the petitioner had violated the terms and conditions of the permission letter inasmuch as he started construction of a shop instead of carrying out minor repairs. It was also contended in the comments that cancellation of the permission, was communicated by respondent No.3 to the petitioner, but he did not challenge the said order in any appeal or revision although he was entitled to approach the Administrator Evacuee Trust Property, Southern Zone, Karachi under section 16 of the Act XIII of 1975. He had also the remedy of filing a revision before the Chairman Evacuee Trust Property Board, Government of Pakistan, Lahore as laid down in the above cited Act but the petitioner erroneously has directly come to this Court without availing the remedies available to him. No rejoinder was filed by the petitioner nor the above contentions of respondents were rebutted by any affidavit by the petitioners. Since the remedies available to the petitioner in our view are efficacious and proper, the petitioner ought to have availed the same before coming to this Court, under Article 199 of the Constitution of Pakistan, 1973. We have no reason to disbelieve that the A petitioner had attempted to construct a shop instead of a compound wall as contended by the respondents. Consequently, we find that this petition has not been well founded and has been filed prematurely. The petitioner is free to seek his remedies of appeal and revision is still available to him under the law. We therefore, see no reason to admit this petition for regular hearing and we dismiss the same in limine.

2. In view of the above order this application has become infructuous and is dismissed. A.A/R-49/K Petition dismissed.