Law:

Section:

Sindh Urban State Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance (III of 2001)---.--- ---.---Ss. 5 & 4(2)---.---Sindh Government Lands (Cancellation of Allotments, Conversions and Exchange) Rules, 2003, R. 3(1)---.--W.ithdrawal/cancellation of regularized allotment of commercial/ residential land---.---Legality---.---Secretary to the Provincial Government, Land Utilization, vide impugned letter, withdrew/cancelled earlier regularization of commercial/residential land on the ground that a civil suit was pending between the petitioners and other claimants of the land in dispute, and that impugned letter had been issued as a precaution to avoid future contempt of court proceedings in case any adverse order was passed in the suit---.---Validity---.---Impugned letter had affected the prior rights of the petitioners, and the same had been issued on flimsy grounds in the garb of anticipated contempt of court proceedings and seemed to be an attempt to seek anticipatory injunction against the respondent---.---Letter in question was, therefore, nullity in the eye of law and void ab initio which was cancelled---.---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, JUSTICE:---.------ This petition is directed against the letter issued by the Respondent No. 2 dated 10-11-2015 ("impugned letter") whereby earlier regularization of certain comer-cial/residential land was withdrawn/ cancelled stating the following as the grounds for the above cancellation: (a) the applicant purchased the above land in Sector-43 as per Sale Deed registered vide R.D. No.9532 dated 16-12-2006; and (b) the applicant has filed a Suit No. 683/2009, wherein the Honourable High Court of Sindh also granted status-quo vide order dates 25-05-2009. 2. Brief facts of the case are that land measuring 06-00 acres from Sector 43-A in favour of Mr. Hamid (alias) Bisham s/o Kamil Khan and 08-00 acres land from Scheme 33, Karachi in favour of Shoukat Hussain son of Muhammad Hussain was leased out on 99 years lease for residential/commercial purposes at the rate of Rs.100/- per sq.yd. vide orders dated 30.01.1995 and 20.09.1994…

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