| Citation(s) |
|---|
| 2026 SLG 666 2026 SLD 666 = 2026 SHC 92 |
Sindh High Court
C.P. No.D-5488 of 2016
Presented By: Justice Adnan-ul-Karim Memon Justice Abdul Mobeen Lakho
Date of hearing and order:- 20.01.2026 Mr. Naseer Hussain advocate for the petitioners. M/s. Khalil Ahmed Siddiqui & Zulfiqar Ali advocate for
Respondent No.1 Mr. Imran Ahmed Khan Abro AAG
C.P. No.D-5488 of 2016
Presented By: Justice Adnan-ul-Karim Memon Justice Abdul Mobeen Lakho
Date of hearing and order:- 20.01.2026 Mr. Naseer Hussain advocate for the petitioners. M/s. Khalil Ahmed Siddiqui & Zulfiqar Ali advocate for
Respondent No.1 Mr. Imran Ahmed Khan Abro AAG
(M. Rais Azam Khan
VS
Eng. Syed Abdul Ahad Rashid & others)
Law: Constitution of Pakistan, 1973
Section: 199
Summary: The petitioner filed a Constitutional Petition under Article 199 of the Constitution of Pakistan challenging the order dated 25.07.2016 by the Provincial Minister for Environment & Coastal Development, Sindh, which set aside the Registrar’s order dated 16.02.2008 regarding allotment/cancellation of a plot (Plot No. C-17). The petitioner alleged that Respondent No.1 obtained multiple plots fraudulently and that the revision petition was barred by limitation. The Court found that the Minister exceeded revisional jurisdiction, ignored material evidence, and overlooked limitation. The Court set aside the Minister’s order (2016) and restored the Registrar’s order (2008). Sections/Laws Used: Article 199, Constitution of Pakistan, 1973 – Constitutional petition jurisdiction. Bye-laws of the Cooperative Society – Governing eligibility, allotment, and cancellation of plots. Government Notification dated 22.06.1971 – Governing rules for plot allotment. (No specific PPC/Criminal sections; mainly civil/cooperative law and constitutional law.) Two 2-word descriptions: Plot Dispute Fraud Allegation O R D E R The petitioner has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - That this Court may be pleased to set aside the order dated 25.07.2016 passed by the Minister for Environment and Coastal Development, Government of Sindh, Karachi, and restore the order dated 16.02.2008 passed by the learned Registrar of the Cooperative Society Karachi. Grant any other relief deemed just and proper in the circumstances. The petitioner is aggrieved by the order dated 25.07.2016, passed by the Provincial Minister for Environment & Coastal Development, Government of Sindh, and as per the petitioner, the same is illegal, arbitrary, and contrary to the record and liable to be set aside. He submits that the learned Registrar, Cooperative Societies, Sindh, had lawfully passed an order dated 16.02.2008 after due appreciation of facts and evidence, which merits restoration. On the factual position of the…