Case Details

Citation(s)
2013 SLG 2827 2013 SLD 2827 2013 YLR 2205
Sindh High Court
Constitution Petition No. D-31 Miscel-laneous Nos. 664, 665, 128 and 129 of 2012, decided on 5th April, 2012
MAQBOOL BAQAR AND MUHAMMAD SHAFI SIDDIQUI, JJ
Muhammad Ali Lakhani for Petitioner. Yousuf Molvi for
Respondent No. 5. Adnan Karim, Addl. A.G. for
Respondent

MUHAMMAD MUNEER ADMANI

VS

PROVINCE OF SINDH, through Secretary, Ministry of Home and 4 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199--- Constitutional petition---Possession, restoration of---Grievance of petitioner was that respondent had dispossessed him from land in question and violated status quo order---Validity---At the time of order for maintaining status quo, it was the petitioner who was in possession of suit plot and had, subsequently and in violation of that order, been dispossessed by respondent---High Court directed Nazir of the court to take over possession of subject land at the earliest and within two weeks' time, by which time, the respondent would remove all his vehicles and/or any other objects/articles that he might have placed on the subject plot---Petition was disposed of accordingly. 2004 CLC 1875 ref. ORDER MAQBOOL BAQAR, J.---Through the instant petition, the petitioner has sought the following reliefs:- (A) Declare that the actions of the respondents are unlawful, mala fide, excessive, arbitrary in nature and in infringement upon the petitioner's fundamental rights and entitlements as guaranteed and envisaged under the Constitution of the Islamic Republic of Pakistan, 1973; (B) Issue a Writ of Mandamus directing the official Respondent to act strictly in accordance with law and to perform their duties and obligations whilst safeguarding the rights and liberties of the petitioner; (C) In furtherance of the foregoing, issue a Writ of Prohibition and to restrain the respondents and/or other person(s) acting under them, through them and/or on their behalf from causing upon the petitioner and/or his representatives any unlawful and illegal dispossession from Plot No.17-B, attached to Plot No. 17-A, admeasuring 02 acres, situated in Phase II, Block A, K-28, Trans Lyari, Hawksbay Road, Karachi and/or altering the status quo as it prevails at the time of institution of the instant proceedings pending an effective adjudication hereon; (D) Direct the Nazir and/or any other officer of this Hon'ble Court to conduct an inspection at Plot No.17-B, attached to Plot No.17-A, admeasuring 2 acres, situated in Phase II, Block A, K-28, Trans Lyari, Hawksbay Road, Karachi, and to determine and report for this Hon'ble Court's convenience the…
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