Case Details

Citation(s)
1999 SLG 833 1999 SLD 833 1999 CLC 525
Sindh High Court
Constitutional Petition No.D-968 of 1997, decision dated: 14-09-1998
SYED DEEDAR HUSSAIN SHAH AND ANWAR ZAHEER, JAMALI, JJ
Abdul Kadir Abro and Nasrullah Siddiqui for Petitioners. Zawar Hussain Jafri, Addl. A.G. for
Respondents Nos. 1 to 7 and 9. Naseem Qamar for
Respondent No. 8. Amir Hani Muslim for
Respondent No. 10

MUMTAZ ALI and others

VS

GOVERNMENT OF SINDH and others

Law:

Section:

(a) Sindh Land Grant Policy------- Constitution of Pakistan (1973), Art.199---Constitutional petition--­Government, as a matter of policy, decided to dispose of its surplus agricultural land and other, properties through public auction---Public auction of Government owned agriculture land by Sindh Privatisation Committee---Petitioners were cultivating said land---Applicability of Sindh Land Grant Policy---Petitioners had no vested right in the land under auction---Provisions of Sindh Land Grant Policy were, thus, not applicable in circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Public auction of Government land--­Auction through Sindh Privatisation Committee---Auction notice was published in newspapers---Petitioners were cultivating land under auction---Petitioners filed Constitutional petition five days before such auction---Petitioners neither participated in auction proceedings, nor they were prevented to participate in auction proceedings---Auction was held in open and public place---Petitioners had no vested right in land under auction---No violation of law was committed by Authorities---Constitutional petition which involved factual controversies, was dismissed in circumstances. Estate Officer, Government of Pakistan v. Syed Tehir Hussain PLD 1962 SC 75; Majlis Intizamia v. Secretary to Government of West Pakistan PLD 1967 Lah. 709; Federation of Pakistan and 2 others v. Muhammad Sabir Khan PLD 1991 SC 476 and Khairuddin and others v. Settlement Commissioner and others 1988 SCMR 988 rel. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.--- Case of the petitioners is that they are Haris of Agriculture Seed Farm situated in Deh Adilpur, Taluka end District Ghotki. This farm was established by the Government in the year 1960 so as to get better procurement and develop the seed for the purpose of agriculture. Since then petitioners are cultivating the land measuring about 96 acres. According to petitioners, respondent No. l issued notices in national press details of which are given in the notices Annexures "A" and "A/1" to the petition for auction of Government plots and lands. Respondent No.8, Sindh Privatisation Committee…
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