Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Housing Society---Double/ multiple allotment of plots---Petitioner had been provisionally allotted a plot in the Housing Society, and had paid requisite dues to the Society---Respondent (allotee) had also been provisionally allotted the same plot---Housing Society vide an order decided to allot the said plot to the respondent allottee on the ground that petitioner did not have seniority over the respondent allottee in terms of the allotment formula adopted by the Society in its Annual General Meeting---Held, that controversy arose due to arbitrary and non-transparent actions of the Society, and the provisional allotment of plot in favour of the petitioner was prior in time and she had made full payment of dues to the Society, which was upheld in an arbitration award---Respondent allottee was a defaulter and the impugned orders had deprived the petitioner of her lawful right to be allotted a plot---Housing Society acted complicitly to accommodate the respondent allottee by issuing him the final allotment letter whilst Society's appeal was still pending against the petitioner regarding the same plot---High Court observed that after considering the matter fairly and candidly, the petitioner deserved relief in the present case since the respondent was given undue favour by the Society in derogation of the rights of petitioner and without hearing the petitioner---Constitutional petition was allowed, in circumstances. Dr. Seema Malik v. Government of Punjab Writ Petition No.6469 of 2005 distinguished. Waqar A. Sheikh for Petitioner. Ch. Khadim Hussain Qaiser, Addl. A.-G. Ahmad Shahzad Farooq Rana for Respondent No.2. Khalid Ishaq for Respondent No.1. Date of hearing: 30th September, 2012. JUDGMENT UMAR ATA BANDIAL, C.J.--- The petitioner was given provisional allotment of Plot No.68-A-11 in the respondent No.2 Society vide letter dated 10-10-1991. Unknown to the petitioner, the respondent No.1 was also given a provisional allotment of the same plot vide letter dated 30-7-1995. The petitioner was served a demand for additional development charges of Rs.48,750 which she challenged and won in an…

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