| Citation(s) |
|---|
| 2016 SLG 2244 2016 SLD 2244 2016 YLR 940 |
Sindh High Court
C.Ps. Nos. D-1349, D-884, D-923 of 2011 and D-2324 of 2013,decided on 10-02-2015. Dates of hearing: 18th, 24thFebruary, 12,13, 14-03-2014, 26th January and 02-02-2015.
NADEEM AKHTAR, JUSTICE AND SHAHNAWAZ TARIQ, JUSTICE
Jhamat Jethanand for Petitioner (in C.Ps. Nos.D-1349, 884 and D-923 of 2011).Syed Muhammad Saulat Rizvi for
Respondent No.2 (in C.Ps. Nos.D-884 and 923 of 2011).Aghis-us-Salam Tahirzada for
Respondent No. 8 (in C.P. D-884 of 2011).Aghis-us-Salam Tah
C.Ps. Nos. D-1349, D-884, D-923 of 2011 and D-2324 of 2013,decided on 10-02-2015. Dates of hearing: 18th, 24thFebruary, 12,13, 14-03-2014, 26th January and 02-02-2015.
NADEEM AKHTAR, JUSTICE AND SHAHNAWAZ TARIQ, JUSTICE
Jhamat Jethanand for Petitioner (in C.Ps. Nos.D-1349, 884 and D-923 of 2011).Syed Muhammad Saulat Rizvi for
Respondent No.2 (in C.Ps. Nos.D-884 and 923 of 2011).Aghis-us-Salam Tahirzada for
Respondent No. 8 (in C.P. D-884 of 2011).Aghis-us-Salam Tah
PROFESSOR ABDUL HAMEEDVS.PROVINCE OF SINDH THROUGH SECRETARY EDUCATION
Law:
Section:
Constitution of Pakistan--- ----Art. 199--- Constitutional petition---Amenity plot, conversion of---Principle of waiver---Applicability---Dispute was with regard to utilizing of land of school for some other purposes and his appointment of principal of the School---Validity---Land of school was amenity plot and could not be allotted, converted or sold out by officer of Revenue Department---Amenity plot could not be utilized for any other purpose, therefore, encroachments over the land and permission of Deputy Commissioner to District Police for establishing Police Horse Riding Club through an agreement could not be treated as lawful possession---High Court directed the authorities to adopt all legal measures to get released the entire land from respective illegal occupants within specified time and hand over its physical possession to the public school, in accordance with law---High Court directed Inspector General of Police to make alternate arrangements for shifting of Police Horse Riding Club---High Court also directed the Provincial Government to look into the matter---Petitioner himself attended 128th meeting of Board of Governors of the School and signed minutes of the meeting---Petitioner himself informed Banks concerned regarding appointment of respondent as principal of the school and also introduced his specimen signatures to operate accounts of the school---Petitioner had waived his right as such he could not come forward to challenge appointment of respondent as principal which was hit under the principle of waiver---High Court directed Commissioner of the Division to appoint principal of the school instantly through Board of Governors---Petition was disposed of accordingly. 1995 SCMR 650; 2009 PLC (C.S.) 28 and 280; 1995 SCMR 1593; 1991 SCMR 2434; 1994 SCMR 2232; 1998 SCMR 2268; 2009 YLR 2414; PLD 2002 SC 303; PLD 2005 Kar. 316; 1987 CLC 393; PLD 1988 Kar. 401; 2002 CLC 601; 2007 SCMR 1328; 1980 SCMR 89; PLD 1992 SC 104; PLD 1987 SC 304; PLD 2006 SC 602; 2010 SCMR 1484; PLD 2010 SC 676; PLD 2011 SC 277; PLD 2010 SC 841; 2012 SCMR 64; 2005 SCMR 642; 2012 SCMR 673; 200(sic) SCMR 583; PLD 1989 SC 166 & 199; PLD 1997 SC 315 (329); 2013 SCMR 1707…