| Citation(s) |
|---|
| 2026 SLG 2079 2026 SLD 2079 = 2026 SHC 479 |
Sindh High Court
CP No.D-5403 of 2025
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Petitioners: Mr. Asif Ali Khawaja, Advocate for the Petitioners
Respondents: M/s. Hakim Ali Shaikh Additional Advocate General and Sagheer Ahmed Abbasi Assistant Advocate General a/w PI Abdul Ghaffar, office of the SDPO Risala and DSP Legal Raza Mian Date of hearing: 10.02.2026 Date of order: 04.03.2026
CP No.D-5403 of 2025
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Petitioners: Mr. Asif Ali Khawaja, Advocate for the Petitioners
Respondents: M/s. Hakim Ali Shaikh Additional Advocate General and Sagheer Ahmed Abbasi Assistant Advocate General a/w PI Abdul Ghaffar, office of the SDPO Risala and DSP Legal Raza Mian Date of hearing: 10.02.2026 Date of order: 04.03.2026
(Tofique Ahmed and 99 others
VS
Province of Sindh and 4 othrs)
Law: Constitution of Pakistan, 1973
Section: 199
Summary The petitioners, who were tenants of shops located in police-owned properties across Sindh, challenged eviction notices issued by the Police Department directing them to vacate the premises. They argued that they were lawful tenants paying rent to the Police Welfare Fund and had no connection with earlier litigation concerning illegal construction on police land. The Government contended that the leases had expired and that the notices were issued in compliance with orders of the High Court and Supreme Court, which directed that police land reserved for policing purposes must not be used for residential or commercial projects. The Court held that the shopping center had been illegally constructed on land reserved for a police station, that the tenancy arrangements lacked legal backing, and that the police authorities were merely implementing binding judicial directions. Finding no violation of the petitioners’ fundamental rights or illegality in the notices, the Court dismissed the petition. Sections / Laws Used Article 199 of the Constitution of Pakistan, 1973 Police Order, 2002 Two 2-Word Descriptions Eviction Notices Police Land O R D E R Through this petition, the petitioners claim following relief(s):- “In view of above submissions it is most respectfully prayed that the instant Constitutional Petition be allowed and the impugned notices dated 30.08.2025 having been issued by the respondent-Police Department Sindh be set aside being against law and Constitution of Islamic Republic of Pakistan, 1973 and based on improper assumption and wrong application of judgment dated 21.02.2019 passed by the learned Sindh High Court, Sukkur Bench passed in C.P No.D-939 of 2012 and Order dated 15.04.2019 passed by this Hon'ble Court in CMA No.2870/2019 as by no stretch of imagination the said orders do not direct issuance of impugned nation against the petitioners. It is further prayed that a very serious notice of this issue be also taken for providing safeguard to the fundamental rights of the petitioners who are large in number and not only the petitioners but also their families and general public of the vicinity is going to be…