| Citation(s) |
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| 2025 SLG 1642 2025 SLD 1642 = 2025 SHC 1709 |
Constitution Petition No.D-252 of 2025
Mr. Justice Zulfiqar Ali Sangi; Mr. Justice Abdul Hamid Bhurgri.
Petitioners : 1. Dilber son of Abbass Ali Gopang 2. Ashique Ali S/O Jalaluddin Through Mr. Kashif Hussain Shaikh Advocate. Respondents : Province of Sindh and others Through Mr. Shehriyar Imdad Awan, Assistant Advocate General Sindh along with Waqar Ali Soomro, Mukhtiarkar ®Khairpur.
Law: Constitution of Pakistan, 1973
Section: 199
Summary
The petition filed under Article 199 of the Constitution of Pakistan, 1973, challenges the demolition of the road and sewerage lines in Village Arab Gopang by private respondents involved in a housing scheme development. The petitioners, longstanding residents, allege that the private respondents, in collusion with revenue officials, fraudulently acquired land and unlawfully demolished communal infrastructure without proper authorization, causing environmental harm and disruption.
The Court, after calling for and reviewing the official respondents’ report and conducting a site inspection, found the petitioners’ allegations to be factually baseless and unsupported by credible evidence. The Court observed that the petition appears to be a private dispute disguised as a public interest matter, aimed at obstructing lawful development. The petitioners failed to produce any independent corroborative material despite opportunities to do so.
The Court emphasized that constitutional writ jurisdiction under Article 199 is not to be used for personal vendettas or to hinder bona fide commercial activities. Accordingly, the petition was dismissed as frivolous and devoid of merit, with a caution to the petitioners against future misuse of judicial process.