Law:

Section:

Constitution of Pakistan-------Art. 185(3)---Petition for leave to appeal to Supreme Court---Factual controversies---Use of land-Determination-Contention of petitioners was that land in question was to be utilized for recreational facilities. enjoyed by two million residents of the area---Validity---Matter required recording of evidence before arriving at any conclusion---Proceedings in petition for leave to appeal to be decided on admitted set of facts and could not be equated with proceedings in a suit attracting entirely different procedure for recording of findings on issues after examining the evidence---Supreme Court declined to interfere in the passed by High Court---Leave to appeal was refused. Secretary to the Government of the Punjab Forest Department, Punjab, Lahore through Divisional Forest Officer v. Ghulam Nabi and 3 others PLD 2001 SC 415 and Haji Mittha Khan v. Muhammad Younis and others 1991 SCMR 2030 ref. Naeemur Rehman, Advocate Supreme Court for Petitioners. Manzoor Ahmed, Legal Advisor, C.D.G.K. for Respondent No.1. Shafi A. Ansari, Hon. Secretary, K.M.C. Officers Cooperative Housing Society, Karachi for Respondent No. 3. Date of hearing: 19th August, 2008. JUDGMENT ZIA PERWEZ, J.---Petitioners seek leave to appeal against the impugned order dated 13-2-2008, whereby Constitution Petition No.D-17 of 2007 was dismissed by a learned Division Bench of the High Court of Sindh, Karachi. 2. The petitioners are claiming to be the representatives of residents of the area and acting for welfare of the citizens in the larger interest of community and instituted Constitution Petition No. D-17 of 2007 seeking declaration, directions and restraining orders pertaining to the utilization of land, known as Gutter Baghaicha, Karachi. After referring to H.R. Case No. 6-K of 1993 decided by this Court vide order dated 29-5-2003, whereby the said H.R. case was disposed of on the basis of the statement to the effect that the matter was under negotiation for arriving at a settlement during which all the parties can be associated. Subsequent contempt application was dismissed by order of this Court dated 1-11-2006 on the ground that the allegation and…

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